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Adidas sues White Fox over four-stripe trademark design

Summarised from 2 outlets · 3 reports · Updated 9 Oct, 06:24 · Archive

Adidas is suing Australian fashion retailer White Fox in Federal Court for selling clothes with four parallel stripes it claims infringe its three-stripe trademark.

Adidas has filed a lawsuit against Australian fast-fashion retailer White Fox in Federal Court, alleging trademark infringement over the use of four parallel stripes on clothing. The sportswear giant claims White Fox is attempting to trade on its reputation by adopting a design deceptively similar to its iconic three-stripe trademark, which it has held in Australia for more than fifty years.

During the first court mention on Friday, Adidas's barrister Patrick Flynn SC argued that White Fox had been using the stripes as a trademark for months. He cited promotional imagery of a White Fox-endorsed influencer wearing the company's four-stripe shorts alongside genuine Adidas shoes, arguing this would confuse consumers. Adidas successfully sued another retailer for similar infringement over four-stripe shoes in 2013.

White Fox's barrister Ed Heerey KC disputed the claim, arguing that the four stripes serve a decorative purpose rather than functioning as a trademark. He highlighted that other brands including Princess Polly, Glassons and Shein also use four-stripe designs on clothing. The case will examine whether White Fox's use of four stripes is deceptively similar to Adidas's trademark and whether consumers would actually be misled.

Adidas sues White Fox over four-stripe trademark design
Image: The West Australian

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In this story: Adidas · White Fox · Sydney · Australia

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