Adidas sues Australian label White Fox over four stripes design
The German sportswear brand wants the Sydney-based label to stop selling the clothes and pay damages.
Adidas is taking legal action against Australian clothing label White Fox, alleging that the latter is selling and promoting apparel with a design that is too similar to the sportswear giant's iconic four-striped logo. Adidas claims it has repeatedly requested White Fox to cease selling and advertising the clothing since March, but the Sydney-based company has refused.
The fast-fashion online retailer, which caters to teenagers and young adults in Australia, the UK, and the US, has utilized billboards, bus advertising, and influencer marketing to boost its visibility.
According to Federal Court documents, Adidas asserts that its three-striped design possesses a significant and valuable reputation in Australia, having been trademarked since 1957. The company argues that White Fox has been selling and advertising clothes featuring four parallel stripes of equal width since at least March, which they contend infringes Adidas's trademark.
Adidas further states that White Fox's advertisements and branded socks often showcase people wearing genuine Adidas products, potentially creating the impression to Australians that Adidas endorses and approves of the design.
Adidas contends that White Fox is capitalizing on its established reputation and exploiting the association between the two brands, or at best, closely navigating the boundaries of trademark infringement. The company is seeking damages, requesting that White Fox reimburse the profit generated from the infringing products, including interest and legal costs.
Evidence provided by Adidas includes side-by-side comparisons between its products and White Fox's clothing, such as sweatpants and lounge shorts, as well as images of bus advertisements and bus stops displaying the respective items.
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