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Adidas sues Australian label White Fox over four-stripe branding, alleging trademark infringement

Global sportswear giant claims Sydney fast-fashion retailer is 'trading off its reputation'

By LineZotpaper
Published
Read Time2 min
Sources3 outlets
Adidas has launched legal action against Australian online retailer White Fox, accusing it of infringing its iconic three-stripe trademark by selling clothing with a four-stripe design. The case had its first mention in the Federal Court on Friday, October 9.

Adidas claims the four-stripe design on White Fox's clothing is deceptively similar to its classic three-stripe trademark. The German sportswear company says it asked White Fox repeatedly to stop selling and promoting the four-stripe garments but the Sydney-based label refused.

During the first court hearing, Adidas barrister Patrick Flynn SC said White Fox had been using the stripes as a trademark for months. He pointed to a picture of a White Fox-endorsed influencer wearing the company's four-stripe shorts alongside genuine Adidas shoes as an example of promotion that would confuse consumers.

"There's an intention to trade off our reputation," Flynn said.

Flynn noted that Adidas has held the three-stripe trademark in Australia for more than 50 years and successfully sued another retailer for infringement over shoes bearing four stripes in 2013. He described the current case as "not uncharted territory" and "a pretty simple matter."

White Fox's barrister, Ed Heerey KC, said the company would argue the four stripes are simply decorative and not used as a trademark. The hearing came after Adidas filed its action in September.

The court has yet to set a full timetable for the case.

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Analysis

Why This Matters

  • The case tests how Australian trademark law applies when a design differs by a single stripe but remains visually similar.
  • It underscores the ongoing tension between global brand owners and fast-fashion retailers that often operate at the edge of trademark protections.
  • The outcome could affect how other Australian fashion labels approach their branding and logo design.

Background

Adidas has held a trademark for its three-stripe design in Australia for more than five decades. It has a history of enforcing that mark: in 2013 it successfully sued another retailer over footwear that used four stripes. The current dispute, filed in September, follows that pattern. White Fox is a Sydney-based online fast-fashion brand known for youth-oriented streetwear.

Key Perspectives

Adidas: Argues the four-stripe branding is deceptively similar and deliberately trades on its reputation. It points to influencer marketing that pairs White Fox shorts with genuine Adidas shoes as likely to confuse consumers. White Fox: Contends the four stripes are purely decorative and not used as a trademark. The company maintains the design is sufficiently different from Adidas's three stripes and does not infringe. Critics/Skeptics: Some may question whether a one-stripe difference genuinely confuses average consumers, but the court will weigh the evidence, including the 2013 precedent.

What to Watch

  • The court's ruling on whether four stripes can be deceptively similar to three stripes under Australian law.
  • White Fox's full defence, including any evidence that its stripes are used merely as decoration.
  • Whether the case encourages other brand owners to take similar enforcement action in Australia.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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