When it comes to sportswear, few symbols are as recognisable as Adidas’s three stripes. Now the German giant is taking an Australian fashion label to court over a design with just one extra stripe.
What’s the dispute about?
Adidas is suing Australian label White Fox in the Federal Court. It says White Fox’s four-stripe clothing is “deceptively similar” to its own logo. Adidas also claims that White Fox’s selling and advertising of these items shows an “intention to trade off our reputation.”
According to Adidas, its three-stripe design has a “substantial and valuable reputation” in Australia and has been trademarked there since 1957. It says White Fox has sold clothes with four parallel stripes of equal width since at least March.
Adidas’s key arguments
- Look-alike design: Adidas says White Fox’s stripes are “substantially identical” or deceptively similar to its trademark.
- Misleading advertising: Adidas’s lawyer showed the court a promotional photo of a White Fox-endorsed influencer wearing four-stripe shorts with genuine Adidas shoes. Adidas argues this could make shoppers think the two brands are linked.
- Requests ignored: Adidas says White Fox refused repeated requests to stop selling and promoting the clothing.
- What it wants: Adidas is asking the court to stop White Fox making four-stripe clothing and to hand over the profits it earned from these products.
White Fox’s defence
White Fox denies any breach of trademark. Its barrister, Ed Heerey KC, said the company will argue the four stripes are simply decorative and not a trademark. The label will also challenge whether the stripes are deceptively similar and whether any customers were really misled.
White Fox’s lawyers also pointed out that other fashion brands use striped designs. Names mentioned in reports include Cotton On, Sportscraft, Princess Polly, Glassons and Shein.
Not Adidas’s first stripe fight
This is far from Adidas’s first trademark battle. In 2013 it successfully sued Pacific Brands in Australia over shoes with four stripes. The company has long defended its stripes around the world, so it is no surprise that it is going after White Fox.
What happens next?
A trial of three to four days is expected early next year. The court will have to decide whether White Fox’s stripes are just a fashion detail, or whether they are close enough to Adidas’s logo to confuse shoppers.
Why it matters
The case raises a question that fashion brands often face: how close can your design get to a famous trademark before it crosses a legal line? Adidas says it is protecting a brand identity built over decades. White Fox says stripes are common decoration. The result could affect how Australian fashion labels handle stripes and similar designs in the future.