Thom Browne vs Adidas:

Another Trade Mark Victory for the Luxury Fashion Brand

Luxury fashion house Thom Browne has secured another win in its ongoing legal battle with Adidas, the global sportswear giant. The dispute centres around allegations of trade mark infringement, with Adidas claiming that Thom Browne’s four-bar logo too closely resembles its iconic three-stripe design. While Adidas has pursued the case in both the United States and Germany, Thom Browne has now emerged victorious in both countries.

Background of the Case

Adidas, the second-largest sportswear manufacturer in the world, sued Thom Browne, alleging that the luxury brand’s four-bar logo infringes on Adidas’ trademarked three-stripe logo. The case highlights the tension between the use of similar design elements across different sectors of the fashion industry—particularly between sportswear and luxury fashion.

Adidas initially sought to stop Thom Browne from using the four-bar design, arguing that it could confuse consumers into thinking the products came from Adidas. However, courts in both the US and Germany have now ruled in favour of Thom Browne, determining that there was no likelihood of confusion between the two logos.

The Rulings in the US and Germany

In January 2023, a court in the United States sided with Thom Browne, rejecting Adidas’ claims of infringement. Adidas appealed the decision, but the appeal was unsuccessful. Following this US victory, Thom Browne faced another legal challenge from Adidas in Germany, where the sportswear brand is headquartered.

On September 6, 2024, the District Court of Nuremberg-Fürth dismissed Adidas’ case once again, ruling that the claims of trade mark infringement and unfair competition were unfounded. The German court concluded that the differences between the two logos, including the number of stripes and their width, were significant enough to prevent consumer confusion.

Why Did Thom Browne Win?

The court’s decision was largely based on two key factors:

1. Visual Differences: The court highlighted the clear differences between Thom Browne’s four-bar logo and Adidas’ three-stripe design. These differences, such as the number of stripes and their relative widths, played a crucial role in the court’s finding that consumers would not be confused.
2. Target Audience: The court also emphasised the fact that Thom Browne’s target market is made up of luxury consumers who are more discerning. The prominent use of the Thom Browne name on the brand’s website and products further reduces the likelihood of confusion with Adidas.

The court ruled that the distinctive branding on Thom Browne’s products, combined with the attentiveness of luxury shoppers, makes it unlikely that customers would mistakenly believe they were purchasing Adidas products.

Implications of the Case

This ruling is significant not only for Thom Browne but also for brands and businesses operating across sectors like fashion and sportswear. The case underscores the importance of distinctive branding and how differences in design, target audience, and overall presentation can be key factors in legal disputes involving trade marks.

Moreover, the case serves as a reminder that claims of trade mark infringement require strong evidence to prove that consumers are likely to be confused between two brands. In this instance, the court found that Adidas had failed to make this case convincingly.

What This Means for UK Businesses

For UK businesses, particularly those involved in branding and intellectual property, the Thom Browne vs Adidas case provides several lessons:

• Distinctive Branding Is Key: To avoid legal disputes, businesses should ensure that their logos and branding are distinct from others, particularly well-established brands.
• Know Your Market: The court’s focus on Thom Browne’s luxury audience demonstrates the importance of considering how your target market perceives your brand. Businesses that operate in niche or luxury sectors can use this to their advantage in legal disputes.
• Be Prepared for International Disputes: As this case shows, trade mark disputes can span multiple jurisdictions. UK businesses seeking protection across borders should be aware of the different laws and standards that apply in each country.

Final Thoughts

Thom Browne’s victory over Adidas, first in the US and now in Germany, is a major win for the luxury brand and its right to use its unique four-bar logo. This case, reinforces the value of having a clear, distinct identity in a crowded marketplace.

At National Business Register, we help businesses protect their trade marks and ensure their branding is secure. If you’re concerned about potential infringement issues or need assistance registering a trade mark, our team of experts can guide you through the process, ensuring your brand is well-protected both in the UK and internationally.

Get in touch today to learn more about how we can assist with your intellectual property needs Contact NBR at Info@nbrg.co.uk or by calling 0800 069 9090.

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