Adidas Loses ‘3-Stripe’ Trademark Trial In opposition to Thom Browne (1)

adidas AG did not persuade a Long island federal jury that model store Thom Browne Inc. used the German sports wear massive’s “3 stripes” brand with out authorization.

Thursday’s jury discovered no trademark infringement or dilution. Adidas had sought $7.8 million in overall.

Adidas “does now not personal the stripes,” Thom Browne’s lawyer, Robert Maldonado, of Wolf Greenfield & Sacks PC, instructed the jury all through ultimate arguments. Thom Browne’s namesake, who used to be within the court docket, is angry by way of the concept his corporate sought after to business within the Adidas logo, Maldonado mentioned.

“This complete concept that Thom Browne desires to be a sports wear corporate isn’t true,” Maldonado mentioned. After the decision, the attorney mentioned the case used to be the most important victory for model designers.

Adidas mentioned in a observation that it used to be disillusioned with the decision and that it “will proceed to vigilantly put in force our highbrow belongings, together with submitting any suitable appeals.”

Adidas sued Thom Browne in 2021 in the United States District Courtroom for the Southern District of New York, alleging that the luxurious logo infringed its logos by way of increasing into the sports wear marketplace with sneakers, shirts and pants with two , 3 and 4 parallel stripes. Thom Browne used to be related to the Eu soccer membership FC Barcelona beginning with the 2018 season.

Adidas attorney Charlie Henn of Kilpatrick Townsend & Stockton LLP mentioned Thom Browne had driven “instantly into the Adidas courtroom”. Adidas had proof appearing that virtually 30% of the folk surveyed believed that the disputed Thom Browne merchandise had been related to Adidas.

“There used to be empirical information from the survey, to which there used to be no rebuttal, that proves that folks concept it used to be Adidas,” Henn mentioned.

Full of life Compliance

Adidas has vigorously pursued its trademark rights for its “three-square” brand, which it first started the usage of on sneakers in 1952. The corporate holds 24 federal trademark registrations for various permutations of the stripes, protecting a wide variety of clothes.

Adidas argued that Thom Browne used to be promoting sports wear that used to be “principally the similar” and would most probably confuse other people viewing the goods on social media, on retailer cabinets, or whilst being worn by way of others.

However Thom Browne, which sells sweatpants and compression shirts for $650 or extra, does now not compete with Adidas, Maldonado instructed the jury, arguing that the 2 manufacturers are in “other worlds.”

“This situation isn’t about confusion,” Maldonado mentioned. “It is not about pageant. It is about whether or not Adidas can personal all of the stripes.”

US District Pass judgement on Jed S. Rakoff fired Thom Browne’s counterclaims, which argued that the Adidas logo must be canceled as a result of it’s “aesthetically practical” and “undermines” its competition’ talent to go into new markets, in October, and denied all sides’ bids for pre-trial victories in December.

Thom Browne, based in 2001, argued previous within the case that Adidas took an inexcusably very long time to carry the lawsuit, a criminal protection referred to as laches. Rakoff won’t must make a decision the subject after the Thom Browne trial victory.

Kilpatrick Townsend & Stockton LLP represents Adidas. Wolf Greenfield & Sacks PC and Lewinconsult LLC constitute Thom Browne.

The case is adidas The united states Inc. v. Thom Browne Inc., SDNY, No. 1:21-cv-05615, verdict 12/1/23.

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