Adidas takes on White Fox Boutique in trademark showdown

Global sportswear giant Adidas is taking Australian online fashion retailer White Fox Boutique to court over allegations that its clothing and advertising feature a design "deceptively similar" to Adidas's trademark three-stripe logo.

The case, filed in the Federal Court of Australia, claims White Fox has been selling items with four parallel stripes of equal width in a colour contrasting with the clothing, in an attempt to replicate Adidas's iconic three-stripe design.

Adidas has used its three-stripe trademark in Australia for over 65 years and globally for more than 75 years. The company claims White Fox's actions are likely to cause damage to its reputation and has asked the court to intervene.

White Fox fights back

White Fox is defending the case, with its barrister Ed Heerey KC arguing that the four stripes on its clothing are simply decorative rather than a trademark. He pointed to similar items from other brands, including Princess Polly, Glassons, and Shein.

"Adding a stripe is neither a complete answer to a trademark claim nor automatically an infringement,"

said intellectual property law expert Muhammad Abbas, a Queensland University of Technology lecturer.

Trademark registration at risk

The three-stripe design has been a part of Adidas's brand since its foundation in 1949 and was trademarked in 1952. However, challenges overseas have led to Adidas losing its trademark registration in some jurisdictions.

In the US, Adidas unsuccessfully took high-end designer Thom Browne to court over a four-stripe design. The case ultimately led to the trademark registration being ruled invalid in the UK.

"That's because the court said that the trademark itself wasn't very clear and distinct about what it would cover and which variations it would cover,"

said University of Technology Sydney School of Law senior lecturer Sarah Hook.

Deliberate act or genuine dispute?

Dr Hook believes White Fox's use of four stripes may be a deliberate attempt to test the limits of Adidas's trademark.

"The fact that [White Fox have] done four stripes seems deliberate because it seems like they've looked at what [Adidas] are covering in the monopoly in the trademark, which is the three stripes, and thinking, 'Well, let's have a look at four stripes,'"

Dr Benjamin Hopper, University of Melbourne intellectual property law studies director, speculated that White Fox may have used the four-stripe design for several reasons, including a deliberate act to garner PR or advice that the design would not infringe on Adidas's trademark.

The case has been set down for a hearing in early 2027.