Adidas sues White Fox Boutique over four-stripe designs in Federal Court

Sportswear giant says Sydney retailer's clothing is 'deceptively similar' to its three-stripe trademark

By LineZotpaper
Published
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Sportswear giant Adidas has filed a trademark infringement claim against Australian online fashion retailer White Fox Boutique in the Federal Court of Australia, alleging the Sydney company's four-stripe clothing designs are "deceptively similar" to its iconic three-stripe logo.

According to court documents, Adidas claims White Fox replicated its trademark across multiple items of clothing and advertising content featuring four parallel stripes of equal width in a colour contrasting with the clothing. The sportswear giant says it has used the three-stripe mark in Australia for more than 65 years and globally for more than 75 years.

White Fox has promoted and supplied the four-stripe garments since March this year, including on buses, bus stops and social media. Court documents say Adidas asked White Fox to remove the garments from sale and stop using the design in March, and White Fox declined. Adidas also alleges the retailer used genuine Adidas shoes in the same colours as its clothing in some promotional material, which it says took advantage of its reputation and may lead consumers to draw an association between the two companies.

White Fox is defending the case, which will go to court hearings next year. Appearing in court on Friday, the retailer's barrister Ed Heerey KC said White Fox would argue the four stripes were simply decorative rather than a trademark, pointing to similar striped items sold by Princess Polly, Glassons and Shein.

Intellectual property law expert Muhammad Abbas, a lecturer at Queensland University of Technology, said the case was not just about a fourth stripe. "Adding a stripe is neither a complete answer to a trademark claim nor automatically an infringement," he said, citing a 2023 High Court decision on the impression a notional buyer, "allowing for imperfect recollection", would have of a registered trademark. "Counting stripes is only the start."

The three-stripe design dates to Adidas's foundation in 1949 but was not trademarked until 1952, after the company discovered Finnish brand Karhu had trademarked the same logo. Founder Adolf Dassler secured the design in a deal involving two bottles of whiskey.

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Analysis

Why This Matters

  • The case tests whether a four-stripe design can be "deceptively similar" to a registered three-stripe trademark, a question with implications for any fashion label using stripe motifs.
  • It pits a global sportswear giant against a fast-growing Australian online retailer popular with teenagers.
  • The outcome could clarify how Australian courts assess consumer perception of similar designs, following the 2023 High Court decision on the "notional buyer".

Background

The three-stripe mark has been central to Adidas's identity since the brand was founded in 1949, and it has held trademark rights since the early 1950s. White Fox Boutique is a Sydney-based online fashion label known for casual and loungewear sold to a young audience. In Australian trademark law, infringement turns on whether a sign is "deceptively similar" to a registered mark, assessed through the eyes of a consumer with imperfect recollection. Fast-fashion retailers frequently borrow design cues from bigger brands, but this case hinges on whether decorative stripes cross the line into trademark use.

Key Perspectives

Adidas: Argues four parallel stripes in contrasting colours are deceptively similar to its three-stripe mark, that White Fox ignored its March request to stop, and that pairing the clothing with genuine Adidas shoes in advertising trades on its reputation. White Fox Boutique: Contends the four stripes are purely decorative rather than a trademark, and points out that other fast-fashion brands including Princess Polly, Glassons and Shein sell similar striped items. IP experts: Trademark law expert Muhammad Abbas says counting stripes is only the start of the analysis; the key question is the overall impression the design leaves on a buyer with imperfect recollection.

What to Watch

  • Whether White Fox's "decorative use" defence succeeds when the case reaches hearings next year.
  • Whether Adidas's March request to stop, and White Fox's refusal, strengthens the infringement claim.
  • The potential knock-on effect for other fast-fashion labels selling striped designs if Adidas prevails.

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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