Turmoil in the fashion department began on April 8, 2015 when Adidas sued retailer Marc Jacobs for trademark infringement and dilution.[1] Adidas, which has a registered trademark for its three-stripe design for use on countless types of apparel, alleges that Marc by Marc Jacobs infringed when it intentionally chose a four-stripe design for its new line of sweaters.[2] Adidas’ mark is not only registered, but has undoubtedly reached worldwide recognition, entitling it to a wider degree of protection. Adidas argues that Marc’s use of the four-stripe design will not only confuse or mislead consumers but could also tarnish Adidas’ brand reputation, especially considering the recent news that Marc by Marc Jacobs is being discontinued.[3]
Adidas has a strong case based on the appearance of the designs alone. The marks are unquestionably similar in design and color, their only difference being in the number of stripes used. Furthermore, the marks are being used on identical goods in competing marketplaces. Adidas not only has recognition in athletic apparel, but also has a partnership with designer Yohji Yamamoto in which it sells high-end clothing under the Y-3 line.[4] This line is in the most direct competition with the new Marc four-stripe design as both items of clothing are sold in department stores such as Saks Fifth Avenue. [5]
This is not the first time Adidas has faced opposition with a four-stripe design. In 2012, Adidas was successful in a trademark infringement suit against Donna Moderna Ltd., a Finnish distribution and agent company, who sold shoes under a four-stripe design.[6] In that case, Adidas relied on market research and case law to prove that the degree of similarity between the two designs was prominent enough to cause confusion in the eyes of consumers.[7] This strategy and outcome will likely be parallel to the present case.
Regarding the dilution claim, it will certainly be important to consider the recent disintegration of Marc by Marc Jacobs. This news could affect the way consumers think of Adidas’ striped design as a trademark and could also possibly tarnish Adidas’ reputation and goodwill.
In the end, it all comes down to the interpretation of one stripe. Will it be enough to cross the line into infringement?