Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World

In June 2021, more than a decade after it first sent a cease-and-desist letter complaining about Thom Browne's stripes design renowned sportswear giant, Adidas, filed suit against the luxury fashion brand in the U.S. District Court for the Southern District of New York, alleging trademark infringement, unfair competition, and dilution. The dispute centered on a venerable, inarguably simple, and widely used design: stripes. Specifically, Adidas objected to Thom Browne's use of a four-stripe design on its clothing and footwear, which Adidas alleged bore a striking resemblance to its iconic three-stripe trademark. Adidas has been aggressive about protecting its three-stripe design; it holds a total of 24 U.S. federal registered trademark registrations for its three-stripe mark. In its complaint, Adidas also sought to enjoin Thom Browne from using, advertising, or selling apparel with the challenged four-stripe design.

Litigation proceeded and, after settlement attempts proved unsuccessful, the case was tried to a jury in January 2023. After a nine-day trial, the jury deliberated for only a few hours before returning a verdict in favor of Thom Browne on all counts. Thom Browne's core argument at trial was that, despite Adidas's strong trademark recognition for its three-stripe design, Adidas does not have trademark rights to all stripes, and certainly not to a four-stripe design.