On February 27, 2023, Paula Hopkins published “Adidas Stripe TM Trial Loss Hinged on Price Points’ in Law360. The following is an excerpt:
Adidas America Inc. is known in the fashion industry and legal field for aggressively enforcing its trademark rights in its three-stripe design. But for more than 10 years, designer Thom Browne — known for his impeccably tailored so-called shrunken suiting — has used a four-band design on high-end luxury clothing and accessories. The stripe designs used by the luxury brand and the athletic wear brand have coexisted — apparently more or less peacefully — for many years. So why in 2021 did Adidas sue Thom Browne Inc. in the U.S. District Court for the Southern District of New York over its use of a stripe design, and how did Thom Browne win on Jan. 12? Is it now a free-for-all on stripes after Adidas v. Thom Browne, or should designers continue to exercise caution?
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