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German sportswear brand Adidas’ lawsuit against high-fashion label Thom Browne for trademark infringement kicked off in court Tuesday.
Adidas filed the suit against the luxury brand in June 2021 for infringing on its trademark for three parallel stripes on apparel, which the sports giant has used since the 1940s.
Thom Browne, founded by a designer with the same name as the brand, is known primarily for its sporty, sharply tailored suits for men and women, and the label often includes sets of four parallel stripes on anything from puffer jackets to socks.
Thom Browne previously used three stripes in its designs but added a fourth stripe in 2007 after Adidas discovered how Thom Browne was using stripes.
The lawyer for Adidas insists that the stripes are similar enough that consumers confuse Thom Browne products for Adidas.
The Adidas lawyer added that as Thom Browne expands its product array to include sportswear, using the stripes is an “attempt to grow its sportswear business."
The lawyer for Thom Browne argued that the two companies do not compete, as "Thom Browne is a luxury designer and Adidas is a sports brand,"
A pair of striped socks from Thom Browne can retail for $120, while similar crew socks from Adidas cost around $16 for a three-pack.
Adidas is seeking $867,225 in damages, representing the amount it would have received from Thom Browne had they entered into a licensing agreement, and an additional $7 million, which is what Thom Browne earned from selling its striped merchandise.
