Athletic wear giant Adidas and fashion house Thom Browne resumed their legal battle on Wednesday, with Londonâs High Court hearing the latest round of a global dispute focused on their competing striped trademarks.
New York designer Thom Browne, who regularly uses a four-bar stripe pattern, sued Adidas in London in 2021 to revoke several trademarks featuring Adidasâ iconic three-stripe motif.
Thom Browne, which changed from a three-bar pattern in 2007 after Adidas complained, argues Adidas is effectively trying to establish a monopoly on the use of stripes on clothes.
Adidas, however, is countersuing Thom Browne for allegedly infringing its trademarks by selling leisure and sportswear featuring four stripes, accusing it of exploiting Adidasâ reputation and brand image.
The two companies have previously faced off in the United States, where a jury rejected Adidasâ trademark lawsuit last year, a decision upheld on appeal in May.
Thom Browne is also bringing separate trademark litigation against Adidas in the Netherlands and at the European Union Intellectual Property Office.
With its eponymous founder watching on in court, Thom Browneâs lawyer Philip Roberts said that Adidas had used certain trademarks as âTrojan horsesâ to prevent the use of stripes on other companiesâ products.
Roberts added in court filings that âthe breadth of Adidasâ asserted monopoly threatens the basic freedom of fashion designers to design clothing in the manner they wish.â
But Adidasâ lawyer Charlotte May said in court filings that Thom Browneâs 2020 launch of a sportswear range was a tipping point which âstrikes at the heart of the Adidas business.â
She pointed to a collaboration with NBA star LeBron James and a partnership with Spanish soccer team Barcelona, when Adidas-sponsored player Lionel Messi was at the club, as evidence that âThom Browne intend to continue their encroachment into sportswear and sports marketing.â
The trial is expected to conclude next week.
By Sam Tobin
Learn more:
Why Adidasâ Lawsuit Against Thom Browne Is About More Than Just Stripes
The outcome of the case could expand the power to enforce trademarks across the fashion industry and beyond.