Adidas sues White Fox over stripes

Global sportswear brand Adidas is suing Australian online retailer White Fox in the Federal Court for selling clothes with a four-stripe design it claims is deceptively similar to its trademark.

Adidas claims White Fox rejected warnings

Adidas's barrister Patrick Flynn SC told the court that White Fox rejected repeated requests to stop selling and promoting clothing bearing the four parallel stripes.

Trading off our reputation

Flynn pointed to a White Fox-endorsed influencer wearing the company's four-stripe shorts with genuine Adidas shoes as evidence of intent to confuse consumers and trade off Adidas's reputation.

“There's an intention to trade off our reputation.”

Adidas held trademark for fifty years

Adidas has held the trademark for a three-stripe design in Australia for more than fifty years and successfully sued another retailer for infringement over shoes bearing four stripes in two thousand thirteen.

White Fox argues stripes are decorative

White Fox's barrister Ed Heerey KC said the company would argue the four stripes on its clothing were simply decorative rather than a trademark, and highlighted similar items from Princess Polly, Glassons and Shein.

“Their own slogan is that it's the brand with three stripes. Emphasis on the three.”

Hearing set for early two thousand twenty-seven

Justice Ian Jackman set the dispute down for a hearing in early two thousand twenty-seven. Adidas is seeking orders to prevent White Fox making four-stripe clothing and to hand over profits from the products.