M&C in the news: Adidas sues Australian fashion label White Fox over four-stripe clothing

Trade mark disputes involving iconic brand assets often have implications that extend far beyond the products at the centre of the claim. John Ferdinand recently discussed legal proceedings brought by Adidas against Australian fashion label White Fox, alleging that certain four-stripe products infringe Adidas's well-known three-stripe trade marks. White Fox has argued that the stripes are decorative rather than indicators of commercial origin.

Commenting in TheIndustry.Fashion, and Solicitors Journal, John noted that Adidas has a long history of enforcing its stripe branding and suggested that, regardless of the eventual outcome, cases of this nature serve an important strategic purpose. By taking action against potentially similar branding, companies can reinforce the distinctiveness of their core brand assets and signal the risks associated with adopting comparable designs.

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Ultimately, they are sending a message to competitors that choosing to use a similar number of stripes in this way is a commercial risk which smaller brands than White Fox may well not be prepared to take.

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