Adidas recently lost a trademark dispute with Thom Browne Inc over its iconic “three-stripes” logo. The high-profile loss has many questioning if the apparel brand will make changes to its vigorous trademark enforcement strategy.
Bloomberg spoke with Josh Gerben about the lawsuit and what it may mean for Adidas’ future enforcement strategies.
“I don’t see this dissuading them because what they still want to do, as far as policing their mark goes, is to keep as many brands away from using stripes as possible,” said trademark attorney Josh Gerben of Gerben Perrott, PLLC.
The two brands co-existed with no issues until Thom Browne expanded into active wear, leading to Adidas’ lawsuit. Gerben states that it would be difficult to give Adidas the label of “trademark bully” in this case, as Thom Browne is large brand as well. But juries can have a “natural bias against giving a verdict to a large multinational corporation” in infringement cases.
Source: Poritz, Isaiah. https://www.news.bloomberglaw.com. “Adidas’ Recent Trial Loss Unlikely to Deter Brand Enforcement.” 23 January 2023.