Thom Browne Prevails Again Against Adidas in Trademark Dust Up

Luxury fashion brand Thom Browne has won another court battle with Adidas in an international dispute centered on allegations of trademark infringement.

Adidas, the second-largest sportswear manufacturer in the world, had sued Thom Browne in both the United States and Germany, claiming that the New York City-headquartered company’s horizontal four-bar logo violates the copyright Adidas holds on its three-stripe logo.

Courts have determined that Thom Browne’s four-bar logo (on left sleeve above) does not infringe on the trademarks Adidas holds on its three-stripe logo.

Thom Browne prevailed in the U.S. – in both an initial case and again after Adidas appealed. Now, the American brand has notched another court victory – this time in Germany, Adidas’ home country.

In a Sept. 6 ruling, the District Court of Nuremberg-Fürth dismissed claims of trademark infringement and unfair competition that Adidas brought against Thom Browne, essentially ruling that they were unfounded.

While the ruling can still be appealed, the court asserted that Adidas failed to prove that the horizontal four-bar design was used as a trademark in a manner that could give rise to an infringement claim based on an alleged likelihood of confusion.

Building on that position, the court said there were significant differences between the logos, including the number of stripes and their width. Such variation makes it unlikely that consumers would be confused between Thom Browne’s branding and that of Adidas – especially consumers in the luxury market that Thom Browne targets, according to the court.

“The court acknowledged that luxury shoppers are particularly attentive and that the prominent ‘THOM BROWNE’ branding on Thom Browne’s website and the products in question are a clear indication of the product’s origin so that they cannot be confused and misperceive the product as coming from Adidas just because of a number of bars or stripes,” according to a statement from Thom Browne.

Additionally, the court dismissed two previous default judgements issued in Germany against Thom Browne and ordered Adidas to pay for the cost of the judicial proceedings. Also dismissed: Adidas’ legal claims against Thom Browne under competition law, with the court saying such claims can’t legally provide broader protection than trademark law.

“This ruling is a significant affirmation of Thom Browne’s right to its unique design,” Rodrigo Bazan, CEO of Thom Browne Inc., said in a statement. “We are pleased with the court’s decision, which continues our access to the German market uninterrupted for our products and is another vindication after the win in our parallel case in the U.S. This victory underscores our dedication to defending our creative integrity.”

Speaking of the U.S. case: In January of 2021, Adidas sought damages of almost $900,000 in would-be licensing fees over the logo dispute. The court sided in Thom Browne’s favor in January of 2023. Following the loss, Adidas tried to get a New York City appeals court to reinstate the lawsuit, but the judge declared that the initial ruling in Thom Browne’s favor was valid.

Lawsuits involving claims of trademark infringement and related matters can prove important cases to study for professionals in the print and promotional products market, providing insights into how courts may handle claims at the complicated intersection of logos, branding, graphics and intellectual property/copyright law.