Overview

• Adidas and Thom Browne are heading back to court over the use of stripes in Browne's designs, with a hearing scheduled for December 21.
• Adidas claims that Browne's use of four stripes on his merchandise creates confusion with Adidas's three-stripe mark, which it has been using since the 1950s.
• Earlier this year, a jury found Browne not liable for damages or profits from selling products with four stripes, but Adidas is seeking a new trial after discovering four 'bad faith' emails from Browne's employees.
• Browne's legal team alleges that Adidas breached a U.K. confidentiality agreement by sharing these emails with its U.S. counsel earlier than disclosed.
• Adidas had previously sought damages of $867,225, the amount it agreed Thom Browne Inc. would have had to pay in licensing fees, and more than $7 million in profits they alleged Browne made from selling striped apparel and footwear.