Adidas has really been committed to its belief that it has the monopoly on horizontal lines. Despite repeatedly being told in a court that designer Thom Browne’s four horizontal stripes do not violate Adidas’ copyright, the German sportswear giant is once again getting litigious over the matter.
And, once again, it is failing.
Some context: In January of 2021, Adidas sought damages of almost $900,000 in would-be licensing fees. The court sided in Thom Browne’s favor in January of 2023. It even came to light that Thom Browne and Adidas made an agreement that as long as Thom Browne used four stripes instead of three, it wouldn’t be an issue.
But, it became an issue. And even after the matter was struck down in court, Adidas just tried to get a New York City appeals court to reinstate its lawsuit claim.
Adidas’ case included an argument that U.S. District Judge Jed Rakoff “gave the jury incorrect instructions on how to determine whether Thom Browne’s clothing would confuse customers.”
The 2nd U.S. Circuit Court of Appeals ruled against Adidas, though, writing last week that the original ruling “appropriately reflected the law and evidence presented at trial,” and that Rakoff’s instructions were “immaterial,” according to Reuters.
Rakoff also denied Adidas’ motion for a new trial, too.
Adidas reportedly put out a statement that it is disappointed, and that its various trademarks relating to the three stripes are still valid. Reuters also reported that Adidas currently has filed more than 90 lawsuits and reached more than 200 settlements in cases relating to trademarks in the last 16 years, showing that while Adidas might not be batting 1.000, it at least is consistent in the protection of its visual assets.
