Mishcon de Reya client Thom Browne, Inc has successfully defended Court of Appeal proceedings brought by adidas in relation to the validity of adidas’ “three-stripe” trade marks. A judgment handed down by the Court of Appeal on 23 October 2025 dismissed adidas’ appeal and affirmed the High Court judgment of Mrs Justice Joanna Smith DBE in November 2024.
In that judgment, the High Court invalidated eight of adidas’ trade marks and dismissed adidas’ counterclaims, holding that Thom Browne was entitled to trade in goods bearing its 4-Bar Sign, as there was no infringement of adidas’ registered marks nor passing off.
Thom Browne had argued that various adidas trade mark registrations for 'position marks' failed to meet the criteria for a valid trade mark as their graphic representations on the register, combined with certain written descriptions, impermissibly claimed protection over a multiplicity of signs. As a result, they lacked the requisite clarity and precision to be afforded trade mark protection under Section 1(1) of the Trade Marks Act 1994, and should be declared invalid. The High Court agreed with Thom Browne, and this decision has been upheld by the Court of Appeal.
The appeal to the Court of Appeal, and last year’s High Court proceedings, are part of a multi-national dispute between the parties across courts and intellectual property registries in Europe and the USA. The dispute dates back to 2007, when adidas reached out in relation to a three-stripe design that Thom Browne was using on its jackets. Thom Browne subsequently added a fourth stripe to its design.
Jeremy Hertzog, Partner at Mishcon de Reya and lead partner in this case, commented:
"This is the first decision of its kind on "position marks" in the Court of Appeal and provides helpful guidance on the fundamental requirements for trade mark registrations in this emerging area. The Court has balanced brand protection with ensuring fair competition and drawn a clear line by confirming registrations must be precise and unambiguous. Those seeking to claim protection over multiple different signs provide proprietors with an unfair competitive advantage and cannot be protected. We are delighted for our client."
Eleanor Wilson, Associate at Mishcon de Reya, commented:
“By reading the descriptions and looking at the representations together, it was clear to the Court of Appeal that what was claimed by adidas’ trade mark registrations was in fact capable of being understood as multiple different signs rather than variations on one.
“This case sets an important precedent that even if a brand's trade marks are highly distinctive or famous, this is not enough to save a registration, if that mark is imprecise.”
About Mishcon de Reya’s Intellectual Property Disputes group
Mishcon de Reya’s Intellectual Property Disputes group is renowned for its market-leading expertise, having successfully represented clients in landmark IP cases before all of levels of UK courts, as well as the Court of Justice of the European Union.
The team offers a wide array of services, from co-ordinating cross-border patent litigation through to disputes concerning well-known brands and creative works. With a strong background in securing innovative forms of relief for our clients, it excels in delivering robust IP enforcement strategies, with a focus on affirmative recovery through cost-effective dispute resolution.