This session will focus on the emergence of four previously undisclosed emails. Adidas, a major German sportswear company (trading under XETRA:ADS.DE with a recent increase of 0.33%), initially sued Browne, a New York-based brand, for utilizing four stripes in its designs, alleging consumer confusion with Adidas’s trademark style. Browne, on the other hand, maintains that his use of stripes predates the lawsuit, citing their role in reflecting collegiate themes.
In January, a jury of eight members ruled in favor of Browne, finding him not responsible for any damages or profits lost due to his use of the four-stripe design.
Despite the initial verdict, the dispute continues. Adidas America and Adidas Ag had sought damages totaling $867,225 USD, an amount they claimed equaled the licensing fees Thom Browne Inc. would have had to pay. They also pursued $7 million USD from Thom Browne for alleged profits owed. The situation intensified in October when new emails from Thom Browne’s employees surfaced, flagged by Adidas as indicative of “bad faith.” These emails contained warnings to the designer about the potential for confusion between the stripes and Adidas’s branding.
Adidas is now pushing for a retrial, arguing the importance of these newly found emails as evidence. Browne’s defense counters that there was no deliberate attempt to hide these emails. Additionally, Browne’s legal team asserts that Adidas itself is not without fault, accusing the sports brand of breaching a U.K. confidentiality agreement. They allege that Adidas shared these emails with its U.S. counsel sooner than previously admitted.
