Global sportswear brand Adidas is suing Australian label White Fox in the Federal Court, alleging that the online retailer is infringing on its distinctive three-stripe trademark by selling clothing featuring a four-stripe design, which Adidas claims is deceptively similar to its own.
Background of the Dispute
Adidas argues that White Fox has ignored repeated requests to cease selling and promoting clothing with the four parallel stripes. During the initial hearing on Friday, Adidas’s barrister Patrick Flynn SC stated that the Sydney-based company had been using the stripes as a trademark for several months. He presented evidence, including a photo of a White Fox-endorsed influencer wearing the company's four-stripe shorts alongside genuine Adidas shoes, suggesting this could confuse consumers.
““There’s an intention to trade off our reputation,” Flynn said.
Adidas has held the trademark for its three-stripe design in Australia for over 50 years and previously won a lawsuit against another retailer for selling shoes with four stripes in 2013. Flynn emphasized that the current action against White Fox, filed in September, is not unprecedented.
““This is a pretty simple matter,” he added.
White Fox's Defense
In response, White Fox’s barrister Ed Heerey KC argued that the four stripes on the label’s clothing are merely decorative and do not serve as a trademark. He pointed out that other brands, including fast-fashion labels like Princess Polly, Glassons, and Shein, also use similar four-stripe designs.
