The global sports brand is likely accusing the Australian retailer of copying its trademark stripes
Adidas has sued Australian online fashion retailer White Fox Boutique in Federal Court for trademark infringement.
This is the first high-profile suit of its kind facing White Fox. The Australian Financial Review reported that while Adidas has not released a public statement yet, history suggests that it is likely challenging White Fox’s use of stripe motifs similar to Adidas’ iconic three-stripe mark in some of its designs.
The global sports brand had previously won a trademark bout against Pacific Brands over the design of the latter’s Dunlop and Grosby sports shoes in 2013. The Federal Court win set the precedent with regard to companies’ limits on copying iconic designs. Although Pacific Brands’ shoes had four stripes along the sides of the shoes rather than Adidas’ three, the judge ruled that the former’s design was close to the latter’s trademark.
The AFR indicated that this current challenge against White Fox is likely to be scrutinised by trademark lawyers and fashion retailers as a possible new precedent on how strongly Adidas can protect its three-stripe design in Australia. The Federal Court challenge has been logged under Adidas Australia & Anor v White Fox.
Adidas’ legal challenges have not always led to victory; it lost to Thom Browne in 2023 when it took the luxury brand to New York court over a four-bar stripe design. The UK High Court too sided with Thom Browne, deciding that Adidas’ trademarks in relation to the design were too broad and vague in definition.
Moreover, Adidas was shot down in German court when it judged that consumers were unlikely to confuse Adidas and Thom Browne’s designs. The AFR said that per legal commentators, these losses represented the establishment of limits to Adidas’ rights regarding the designs featuring parallel lines on clothing.
Adidas has engaged Mallesons as representation, the AFR reported. The firm declined to comment on the matter.
White Fox has faced its share of copyright concerns; it has sent out cease-and-desist letters and copyright take-down notices to resellers on Depop and Poshmark over the unauthorized use of the boutique’s professional photos. Moreover, the Sydney-born brand has flagged the production of knockoff versions of its signature hoodies.
