Philip Roberts KC successfully represented fashion designer Thom Browne (“TB”) in the Court of Appeal, defeating an attempt by sportswear giant adidas AG to revive six of its trade mark registrations for the positioning of three parallel stripes on clothing.
On 23 October 2025, the Court of Appeal (Peter Jackson, Arnold and Falk LJJ) handed down judgment in adidas AG v Thom Browne Inc [2025] EWCA Civ 1340, affirming the decision of Mrs Justice Joanna Smith DBE ([2024] EWHC 2990 (Ch)) which resolved the UK dispute between adidas and TB concerning the use of parallel stripes or bars on clothing.
In the judgment under appeal, the High Court:
- invalidated eight of adidas’ “three-stripe” position trade marks for failure to meet the registrability requirements under section 1(1) of the Trade Marks Act 1994; and
- dismissed adidas’ counterclaims, holding that (i) TB was entitled to trade in goods bearing its 4-Bar Sign, (ii) there was no infringement of any adidas trade mark, (iii) the use did not amount to passing off, and (iv) TB’s trade constituted honest concurrent use in any event.
On appeal adidas challenged the findings of invalidity in respect of six of its “three-stripe” position marks. The Court of Appeal dismissed the appeal, upholding the High Court’s conclusion that the marks were invalid for failing to satisfy the first two fundamental requirements for registrability.
The Court agreed that the subject matter of the registrations was not a single sign, since the written descriptions encompassed an impermissible multiplicity of signs due to the extent of variation allowed. These variations - particularly the unspecified length and starting points of the stripes, which were not clearly depicted in the representations - meant that the marks were not sufficiently clear, precise, or objectively ascertainable. This lack of clarity prevented authorities and economic operators from determining the scope of protection and risked granting adidas an unfair competitive advantage.
Philip Roberts KC was instructed by Mishcon de Reya LLP (for TB) leading Edward Cronan of 11 South Square.
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