Thom Browne vs. Adidas: Four Stripes Are Not the Same as Three – Key Takeaways from the German Court’s Ruling
In a recent legal dispute between the sportswear giant Adidas and fashion label Thom Browne, it became clear that not every stripe design on clothing constitutes a trademark infringement. Adidas filed a lawsuit. However, the Regional Court of Nuremberg-Fürth in Germany (Judgment of 06.09.2024, Case No. 4 HK O 8208/21) disagreed and dismissed the lawsuit. This case illustrates that the assessment of trademark infringement heavily depends on the specific circumstances, particularly the distinctiveness of the trademark and the level of attention of the target audience.