Adidas Face More Difficult Decisions In Its Trade Mark Enforcement Strategy

Adidas is the owner of trade mark rights worldwide for the well known three stripes logo. It is also known to be strong at enforcing its rights. Adidas was recently on the wrong end of a decision in a trial in New York against Thom Browne. Adidas sued Thom Brown alleging trade mark infringement of its three stripes mark by the use of a four stripe mark. The jury did not agree that there would be a likelihood of confusion. The trial was closely followed by the fashion industry and generated significant publicity. Mainly it seems the industry and its legal advisors were interested in seeing what the jury would decide on the question of likelihood of confusion. As such although Adidas were not successful the commentary from the industry around the decision was not particularly critical of Adidas for bringing the claim.