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The sportswear giant has an appeal lined up but will the discovery of fresh emails overturn its jury loss? Nels Lippert and Elsa Nollet of Tarter Krinsky & Drogin explore.
The two companies have been disputing a stripe design since 2021, when Adidas sued Thom Browne in the US District Court of the Southern District of New York, alleging that the luxury brand’s use of the contentious motifs on its activewear was likely to confuse and deceive the public.
Adidas sought both money relief and an injunction preventing Thom Browne from selling any products that allegedly infringed its 74-year-old three-stripe mark. In response, Thom Browne argued that they operated in an entirely different market and were not competitors.
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