3-Term vs 4-Term, Over 3 Years of Litigation
Tom Brown "Not in Competition with Adidas"
[Asia Economy Reporter Jeong Hyunjin] # The founder and chief designer of the world-renowned luxury brand 'Thom Browne' appeared in person on the 3rd (local time) at the U.S. District Court in Manhattan, New York, for a trademark infringement lawsuit filed by Adidas. He was wearing black socks with his signature shorts suit pants. On the left sock, which rose close to his knee, there were four white horizontal stripes engraved.
Adidas has claimed since June 2021 that these four white horizontal stripes, known as the 'Four-Bar' design, copy Adidas's iconic 'Three-Bar' design. According to U.S. economic media Business Insider and fashion media Women's Wear Daily (WWD), the fashion industry is closely watching who will gain the upper hand in this trial between Adidas and Thom Browne.
The trial, which began with a jury present, is expected to last nine days until the jury's decision is delivered to the judge, according to U.S. footwear-specialized media Footwear News.
In 2018, Thom Browne signed a partnership contract with the prestigious Spanish football club FC Barcelona and released a team-customized uniform featuring four horizontal stripes on one sock cuff. (Photo by Thom Browne official website)
◆ Adidas vs. Thom Browne, What Are Their Claims?
Adidas argues that the stripes on Thom Browne products could cause consumers to mistakenly believe they are Adidas products. Adidas's complaint states, "Thom Browne is aware of Adidas's rights to the trademark used since 1952 but continues to use similar two, three, and four stripes." Footwear News reported that Adidas is expected to emphasize the confusion caused by consumer reactions to photos of the products online during the trial.
Adidas particularly points out that Thom Browne's expansion from suits into sportswear is an intentional design choice. Thom Browne has been producing sportswear and sneakers for several years. Additionally, Thom Browne has partnered with FC Barcelona, the prestigious Spanish soccer club featuring Argentine soccer player Lionel Messi, and the NBA team Cleveland Cavaliers. Since both teams have close ties with Adidas, this is interpreted as a precautionary measure.
However, Thom Browne's side rebutted Adidas's claims by emphasizing that "Thom Browne is a high-end luxury designer, and Adidas is a sports brand," stating that the two companies are not competitors. Business Insider reported that a pair of Thom Browne striped socks costs $120 retail, while Adidas's similar socks are about $16 for a three-pack. Foreign media also expect Thom Browne to testify that stripes are commonly used in clothing and that Adidas's trademark scope should be narrowed.
Thom Browne also pointed out Adidas's delayed objection to this issue. Thom Browne's chief designer first introduced the 'Four-Bar Signature,' which includes jackets and ties with diagonal stripes, in 2008. Court documents submitted by Thom Browne claim that products featuring the diagonal stripe design were first sold in 2009 and that sports-related apparel with this design was available in New York stores from 2010.
Adidas initially claimed damages of $867,225 (approximately 1.1 billion KRW) in this lawsuit, explaining that this amount would have been received if Thom Browne had signed a license agreement directly. Additionally, Adidas demanded further damages related to Thom Browne earning over $7 million through designs similar to Adidas's trademark.
This design dispute is not the first. Adidas claims that in May 2007, Thom Browne expressed opposition to using the three-stripe design, and again in May 2018, Adidas communicated that the diagonal stripe design should not be used. According to Adidas, both parties held discussions to resolve the dispute but failed to find a solution.
Given these claims, key issues in the trial are expected to include when both parties recognized the design similarities, when Adidas raised the issue with Thom Browne, and when Thom Browne received the notification.
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