Adidas once again lost a case against the US fashion brand Thom Browne, known for its four-stripe design, which creates three inner stripes. This time, Adidas suffered a defeat in court against the company.
In 2023, SGI Europe reported on the conflict between the two companies’ use of stripes. Now, Adidas has lost in its home court. The District Court of Nuremberg-Fürth dismissed claims of trademark infringement and unfair competition that Adidas brought against Thom Browne.
Thom Browne’s often-used four-stripe design is at the center of the dispute, which automatically generates three inner stripes. Adidas argued that this design infringed on its well-known three-stripe trademark. However, the court found that Thom Browne’s four-striped design did not constitute trademark infringement. In particular, Adidas could not prove that the use of the stripes created a likelihood of confusion. The court also noted the differences between the two designs, including the number and width of the stripes. It also found that there was no likelihood of confusion for customers. Thom Browne’s distinctive branding was clearly visible on the products and website.
The judgment is not yet final and Adidas can appeal it.
