Three Stripes or Four? Thom Browne Wins German Trademark Dispute Against Adidas

US fashion brand Thom Browne has won a trademark dispute with the sportswear giant Adidas in Germany. In its ruling of September 6, the Nuremberg-Fürth Regional Court ruled that the accusations of trademark infringement and unfair competition made by Adidas against Thom Browne are unfounded. The decision is not yet final and can still be appealed.

In detail, this concerns the four-stripe design element that is used repeatedly in the Thom Browne women's and men's collections. The court has now found that Thom Browne's four-stripe design does not infringe Adidas' three-stripe trademark. It also found that Adidas could not prove that the horizontal four-stripe design was used in a way that could give rise to a likelihood of confusion.

The court further highlighted the differences between Thom Browne's four-stripe design and Adidas' three-stripe trademarks. These differences include not only the number

of stripes, but also their width. In addition, there is no risk of confusion on the part of customers given the prominent branding on Thom Browne's website and on the product in question.

"This ruling is an important validation of Thom Browne's right to its unique design," said Rodrigo Bazan, CEO of Thom Browne. "We are pleased with the court's decision, which maintains our unhindered access to the German market for our products and represents further validation following the victory in our parallel proceedings in the US. This victory underscores our commitment to defending our creative integrity."

The brand started in 2001 with a small "by appointment" store in New York's West Village and expanded its business in the following years to include complete ready-to-wear and accessories collections for men (2003) and women (2011). The brand is now sold in 40 countries. Since 2018, Thom Browne has been part of the Zegna Group, which currently holds 90 percent of the shares.