Luxury brand Thom Browne has won its yearslong legal battle against Adidas in the U.K. after a judge rejected Adidas’ claim that the Zegna-owned brand violated its trademark rights, according to court filings Friday.
Adidas sued Thom Browne for similar claims in courts in the U.S. and the U.K. In both cases, the activewear giant took issue with the luxury brand’s use of a four-bar stripe design on various items, claiming the stripes created customer confusion with Adidas’ three-stripe design.
But Justice Joanna Smith of the High Court of Justice in England and Wales said in her opinion Friday that she has no doubt that the average consumer can perceive differences between the appearance of the stripes.
“Always bearing in mind that the average consumer normally perceives the mark as a whole, my own common sense and experience tells me that the average, reasonably observant, consumer paying a moderate degree of attention will generally perceive the difference between three stripes and four,” Smith said in her opinion.
“If he or she were to be given six seconds (as adidas suggests), then I have no doubt that he or she would have no difficulty whatever in perceiving that difference. Thus I reject the submission from adidas that the average consumer will not be able to tell the difference between three and four stripes.”
In the 169-page opinion, she dismissed Adidas’ claims of trademark infringement. The judgment frequently said that the overall impression given by the use of stripes is dependent on their orientation and positioning.
Smith agreed with the Thom Browne brand on its claim that there was an opportunity for consumer confusion in the case, but there was no evidence of actual consumer confusion presented in the screenshots Adidas provided of Instagram comments on a Thom Browne post.
“There is no evidence whatever that any consumer has ever understood TB’s clothing to be an adidas collaboration and no evidence of internal discussions on either side to the effect that there might be a danger of consumers perceiving the products of either side as a collaboration with the other,” Smith said.
Thom Browne, the designer, said in an email to Fashion Dive that the U.K. case with Adidas is significant to him because he saw it as a triumph for designers around the world.
“I am proud to create a precedent that protects their ability to develop their own signatures and tell their own creative stories in a way that are true to their vision,” Browne said. “David has prevailed over Goliath.”
Rodrigo Bazan, CEO of Thom Browne, said the brand was pleased with the ruling, “although it has been a very tough period to defend in various jurisdictions.” He said the judgment reaffirmed previous designs in other courts.
“This proves that doing the right thing, having an uncompromising view on design and quality, and to defend vigorously our trademarks is respected globally,” Bazan said in an email.
The U.K. judge’s ruling follows a string of legal wins for Thom Browne in the legal battles against Adidas. In May, a U.S. federal judge denied Adidas’ request for a new trial in its lawsuit with Thom Browne over the stripe designs, and another federal judge found Adidas’ request for an appeal to be without merit. A jury initially found Thom Browne not liable for Adidas’ claims in January 2023.
Meanwhile, an Adidas spokesperson said that despite elements of the U.K. decision, it continues to maintain strong trademark protection for its three-stripe mark.
“This ruling highlights the ongoing challenges in protecting intellectual property rights and ensuring fair competition in the marketplace,” the spokesperson said in an email. “We remain committed to safeguarding our brand’s heritage, while continuing to innovate and excel. Our focus will always be on delivering high-quality products that our consumers value. We respect the creativity of all designers but believe that no one should unfairly use another’s ideas or trademarks.”
Adidas will review the findings and determine its next steps, the spokesperson said.
