Adidas Sued Luxury Brand Thom Browne Over Their Iconic Stripe Motif
Courtesy of Hypebae
Adidas is a brand that many people have in their closets or have purchased previously. It has cemented itself as one of the most popular and recognizable athletic brands in the world. Their three stripe logo has made their garments and shoes unique to them and only them. However, the same thing that has made them recognizable for decades is the thing that the brand was in court because of. The brand was in a trademark lawsuit with luxury brand Thom Browne over his stripe motif usage. This isn’t the first time Adidas has sued another brand or designer over their stripe logo; the brand has won cases against others such as Marc Jacobs and Juicy Couture over it. However the outcome for this case was different, Thom Browne actually won the case against them.
Courtesy of Adidas News
Adidas has been using their three stripes since the 1950s, when the founder Adi Dassler bought it from another sportswear brand Karhu for just two bottles of whiskey. Since then, it has been something that the brand has been known for and they place it on most of their garments, accessories and shoes. Adidas only uses a three stripe motif on their products, compared to Thom Browne who had been using four stripes on his clothing for about 15 years. The brand uses their stripes on the arms of their tailored clothing such as blazers or polo shirts and even long socks.
Thom Browne 2022 Campaign Courtesy of Fashionista
According to Browne’s lawyers, back in 2007, when the brand initially started using stripes, Adidas did reach out and Browne modified his designs according to the brands wishes and they were satisfied with them. However, in 2018, Thom Browne expanded into sportswear and applied for a trademark for their logo of a red, blue and white stripe motif. Despite his consistent use of the stripe logo over the years, Adidas wasn’t made aware of this until 2018 when the trademark application was made. After hearing about the trademark, Adidas reached out to reach a settlement with the brand. After not reaching a settlement between the brands, Adidas took Browne to court for trademark infringement and dilution in 2021 in New York federal court with up to $867,225 in damages and licensing fees with up to $7,011,961 in profits.
Designer Thom Browne Heading into Court Courtesy of Insider
In a statement to WWD during the case, Rodrigo Bazan, Thom Browne’s CEO stated, “We believe we are right and we are confident in the outcome of the case, as we have acted honorably for all this time. [Adidas] consented for 12 years and now they are changing their mind. The court won't allow that. And consumers won't as well. It is an attempt to use the law illegally.” In one of his testimonies, Browne credited his use of varsity stripes to his love for sports growing up, not copying Adidas. The brands move to sportswear created an opportunity for him to put varsity stripes on the clothing and mix it with the tailoring the brand is known for.
Thom Browne Swimwear Campaign Courtesy of Complex
Browne's legal team also showed design sketches from Fall 2008 and Spring 2009 collections to the court that featured the four stripe logo while arguing that Adidas went years without reaching out to the brand about the stripes and waited until 2018 to do so. In a counter argument, Adidas’ legal team argued that they did not have a responsibility to keep up with Thom Browne’s collections and output at the time and they compared Browne’s sportswear to several Adidas garments with Thom Browne while he was on the stand. Browne differentiated his clothing as tailored sportswear that was more for luxury clientele.
Courtesy of Hypebae
As of January 12th 2023, Thom Browne has won the case against Adidas over trademark infringement. Adidas stated about this decision, “[We will] continue to vigilantly enforce our intellectual property, including filing any appropriate appeals.” This case is interesting because it shows what makes a logo trademark and what doesn’t. At the end of the day, the court and jury felt that stripes were not something that Adidas can own especially when it comes to fashion and agreed with Browne’s lawyers when they said “Adidas does not own stripes.”
