| In 3 Stripes Trial Thom Browne Beats
adidas After Saying No One Confused by $1000
Pants
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURTHOUSE,
Jan 12 - In mid 2021 adidas
sued Thom Browne for
infringing on its "three
stripe" mark with a four
stripe design.
In January 2023 U.S. District
Court for the Southern
District of New York
Judge Jed S. Rakoff held a
jury trial. Inner City
Press covered it, until the
January 12 verdict that Thom
Browne is NOT liable, photo here.
During the trial the benches
in the back of the courtroom
are covered with boxes of
"physical exhibits," including
shoes. In the front, Thom
Browne is wearing a suit
jacket -- with shorts.
On the witness
stand on January 4, an adidas
executive testifying about the
company's running business,
and clothing lines. He
described sales over Instgram.
He insisted that adidas is
selling products for up to
$3000.
Thom Browne in SDNY, courtesy to
Inner City Press by Elizabeth Williams
On January
5, an expert who conducted
polls, though not of fame.
Meanwhile the SDNY courthouse
marvels at the
disproportionate interest in
this case, while defendants
are being sentenced to twenty
or thirty years in other, more
empty courtroom. Judge Rakoff
does his criminal cases at
4:30. And Inner City Press
covers both.
On January 9, a
Thom Browne witness with a
heavy Italian accent was on
the stand, calling Thom
Browne's design "timeless" and
describing the company's
contract with FC Barcelona for
formal wear for the team, and
Leonel Messi's contract with
adidas.
Judge
Rakoff asked someone to hold
up two items from the rack on
the side of the courtroom. A
woman in the front row of the
gallery did. Judge Rakoff
joked about a third item, need
a third hand. The witness'
distinction between vertical
and horizontal stripes or bar
was undermined.
On January 12, in
closing argument, Thom
Browne's lawyer said that
there was no evidence that
anyone ever bought a thousand
dollar pair of sweat pants
because they thought they were
adidas. He contested the
survey that had been presented
as "post-sale," and
incomplete.
In the afternoon
of January 12, Inner City
Press went to the courtroom;
out in the hall stood the man
in the shorts and suit jacket.
After less than
two hours of deliberation, the
jury found Thom Browne NOT
LIABLE.
This case is or
was adidas America, Inc.
et al v. Thom Browne, Inc.,
21-cv-5615 (Rakoff)
***
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