In a landmark case involving the renowned fashion house Thom Browne Inc., acclaimed for its impeccable tailoring and designs, a jury has ruled in favour of the company, finding it not guilty of trademark infringement in a dispute with sportswear behemoth Adidas over its iconic “Three Stripes” trademark. Despite Adidas’ well-known vigilant protection of its Three-Stripe Mark, the company could not secure millions of dollars in damages or an injunction to prevent Thom Browne from using or selling apparel featuring the three-stripe motif.
During the trial, it emerged that Adidas took issue with two particular Thom Browne designs: the Grosgrain Signature, which showcases five white-red-white-blue stripes on a grosgrain ribbon, and the Four Bar Signature, which consists of four parallel white lines. Adidas alleged that these designs could lead consumers to believe that they were affiliated with Adidas before or after purchasing the products. On the other hand, Thom Browne countered this argument, accusing Adidas of adopting an overly aggressive stance in safeguarding its Three-Stripe Mark, both in terms of legitimate claims and perceived threats.
The jury’s decision, which absolved Thom Browne of any liability for trademark infringement or dilution, sheds light on the intricate process of determining whether consumers are likely to confuse one company’s purportedly infringing apparel with another’s. Judge Jed Rakoff instructed the jury to rely on their own common experience and consider several factors, including the similarity between the trademarks, the accused apparel designs by Thom Browne, and any related evidence. This case serves as a reminder for companies to be vigilant in protecting their intellectual property rights while guarding against infringement claims from others.