The German sportswear brand Adidas has long defended its famous stripes trademark, having filed over 40 lawsuits in the past against the likes of Abercrombie, Skechers, J. Crew, and Target, among others. Adding to that list, Adidas recently brought suit against Thom Browne (“TB”) for trademark infringement and dilution in the Southern District of New York, alleging that TB is “selling athletic-style apparel and footwear featuring two, three, or four parallel stripes in a manner that is confusing similar to Adidas’s three-stripe mark.” The federal complaint comes on the heels of an unsuccessful mediation between the parties dating back to November 2020. TB countered the allegations in the complaint by contending that Adidas consented for over 10 years and is now changing its mind over TB’s striped apparel and footwear.
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