Thom Browne v Adidas AG [2024] EWHC 2990 (Ch)
Three Stripes vs Four Stripes: Adidas trade marks invalid / not infringed by Thom Browne
New York couturier Thom Browne has emerged victorious in a heavyweight trade mark dispute with German sportswear giant Adidas.
Thom Browne is known for reimagining classic tailoring with a modern, avant-garde edge. Adidas took issue with the asymmetric ‘four bar’ motif used on some of Mr Browne’s designs, alleging infringement of its three stripe trade marks and passing off.
In a comprehensive and meticulous judgment the trial judge Mrs Justice Joanna Smith has invalidated eight of Adidas’ three stripe trade mark registrations and dismissed Adidas’ counterclaim that the UK sale of Thom Browne’s clothing constituted trade mark infringement or passing off.
The judgment contains extensive analysis of so-called ‘position’ trade marks, the relevance of the post-sale context in assessing infringement and of honest concurrent use. It also contains salutary practical lessons for practitioners concerning CPR PD 57AC (Trial Witness Statements in the Business and Property Courts) and the logistics of trial by samples.
Edward Cronan acted for Thom Browne, instructed by Mishcon de Reya LLP.