Jul 2, 2021

Three Stripes and You’re Out

Adidas has recently filed a trade mark infringement claim against Thom Browne, an American fashion designer and founder of Thom Browne in the New York federal court. Adidas has stated that despite Thom Browne’s knowledge of its rights in the famous three-strip mark, Thom Browne has expanded its product range beyond that of its formal and business wear. It is alleged that Thom Browne is now selling athletic-style apparel and footwear featuring two, three or four parallel stripes in a manner that is confusingly similar to Adidas’s three stripe mark.

Adidas allege the dispute began in 2018 when Adidas first opposed an application by Thom Browne to register a striped mark in the EU. Adidas claim that following this opposition, it began to investigate Thom Browne’s product ranges in the U.S. Thom Browne filed three further trade mark applications at the United States Patent and Trade Mark office to register striped marks. In December 2020, Adidas opposed the applications on the basis that the marks are confusingly similar to its famous striped mark. A mediation took place between the parties in the hopes it would resolve the dispute. No settlement was agreed and as a result Adidas has since filed a claim for trade mark infringement at the New York federal court.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

Posted by: Tom Staveley in: EU/International, Legal News, Trade Marks

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