Adidas AG & ors (appellants) v Thom Browne Inc & ors (respondents)
Wednesday 8 October 2025
By Appellant’s Notice filed on 28 January 2025, the Appellants (Defendants below) adidas AG and others, appeal the decision of Mrs Justice Joanna Smith DBE, sitting as a Judge of the High Court, judgment being delivered on 22 November 2024 following trial.
The Respondents (Claimants below) Thom Browne (“TB”) and others sought to invalidate a portfolio of sixteen of adidas’ registered trademarks, all of which related to “Three Stripes” as position marks. adidas counterclaimed for trademark infringement under sections 10(2) and 10(3) of the Trade Marks Act 1994, as well as passing off, alleging that Thom Browne’s Four Stripe Design had a high level of similarity with its Three Stripes trademarks.
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