After more than 20 years of litigation, the curtain fell for Adidas in its case against H&M. The Adidas logo consists of a pattern of three stripes where the spacing is equally wide as the stripe. H&M used only two stripes and a smaller spacing. Therefore, the similarity was deemed too low.
Meanwhile, a similar case is ongoing in the USA. Luxury brand Thom Browne uses four stripes on its clothes. Since 2018, the brand has also been marketing sportswear. According to Adidas, Thom Browne’s 4 stripes sign infringes on its ‘3 stripes trademark’.
A lawsuit follows with a claim of approximately €7 million. Browne’s lawyers argue that use of stripes is common. Both companies target a completely different audience. Browne’s stripes are additionally used horizontally around an arm or leg (and again, the spacing is smaller). The New York court followed this argument: no infringement.
