Fashion designer Thom Browne has worn a successful defense against Adidas

“It was important to fight and tell my story,” Brown told the AP after a Manhattan federal court jury sided with him. Adidas by Thom Browne Inc. The stripe designs used are very similar to the three stripes immortalized in German brand ADS, he said.
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Historical trademark “The brand with three lines”

“And I think it’s more important and bigger than me, because I think I was fighting for every designer who creates something and later a big company comes to them,” he said.

Adidas indicated in a statement that their struggle may continue.

“We are disappointed by the ruling and will continue to actively pursue our intellectual property,” said Adidas spokesman Rich Ephrus.

Known for his theatrical runway shows, Brown is a highly innovative designer. In 2001, he started selling clothing in a boutique in Manhattan’s West Village. He has been extremely successful, especially after signing with luxury brand Citizen in 2018. His company is now featured in more than 300 locations worldwide, including Tokyo, London, Seoul, Hong Kong, Shanghai, Beijing and Milan.

Adidas sued Brown in June 2021 for claiming that the “Four Bars signature” — along with other products including t-shirts, sweatpants and hats — infringed on its famous trademark.

A two-week trial ended with the eight-person jury returning a verdict in just over two hours. Brown’s courtroom supporters erupted in cheers before U.S. District Judge Jed Rakoff was scorned for violating courtroom decorum.

Fans poured into the hallway afterward, some celebrating with hugs and tears.

The debate is 15 years ago. In the year In 2007, Adidas complained that Brown was using a similar three-tiered design on his jacket. Brown agreed to stop using it and switched to a four-tier design. For years, Adidas didn’t argue with this – but as Brown became more popular after the 2018 sale, it began to expand further into activewear and the sportswear giant took notice.

Adidas argued in the lawsuit that the brown stripes could confuse customers.

Brown argued that the two companies are not direct competitors and do not serve the same market. On Browne’s website, a pair of women’s compression pants, for example, costs $725. A pair of Adidas leggings is under $100 on that company’s website.

Jeff Trexler, a faculty member at the Fashion Law Institute at Fordham Law School, said the trademark landscape has become more complicated in a changing marketplace where companies regularly move into new categories — both in terms of content and value — and operate along specialized lines with others. From time to time, he says, companies don’t stay where they started, whether it’s fashion or soda.

“It’s like being in ‘Ghostbusters,’ where you know if you cross the streams, everything explodes,” Trexler said.

There was no crossing of the streams, according to Trexler, as long as Brown was “in a man’s sport coat and in his tight luxuries, and perhaps the occasional pair of sweatpants.” But when it expanded into activewear, the streams crossed.

Brown himself spoke during the trial about the importance of sport in his life and how it has carried him through his career.

The former competitive swimmer said he grew up playing tennis outside of the court and also enjoyed basketball, baseball and soccer in his extended family.

“So it’s very true to who I am as a person,” he said. “It’s what motivates me every day for what I do.”

He says he counts many professional athletes among his friends and clients and considers them a “huge inspiration.”

Trexler said Brone’s attorneys successfully convinced jurors that Brown was inferior. “In short, Tom Brown’s counsel made the jury see this case as The People vs. The Corporation, and populism won,” he said after the verdict.

Brown said he hopes the court battle will be his last.

“I just want to design a collection and I don’t want to be in court again,” he said.

Contributed by MarketWatch.