Thom Browne Inc & Anor v Adidas AG & Ors [2024] EWHC 257 (Ch) (08 February 2024)

Thom Browne Inc & Anor v Adidas AG & Ors [2024] EWHC 257 (Ch) (08 February 2024)

Categories of products for trial must reflect legally relevant characteristics so that liability findings can be meaningfully extrapolated to other items; neither party's proposed framework is adopted in full, and only common elements are ordered.

Citation
[2024] EWHC 257 (Ch)
Parties
Claimant: Thom Browne Inc; Claimant: Thom Browne UK Limited; Defendant/part 20 Claimant: Adidas AG; Defendant/part 20 Claimant: Adidas International Marketing B.V.; Defendant/part 20 Claimant: Adidas (UK) Limited; Defendant/part 20 Claimant: Adidas International Trading AG
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Intellectual Property Claim and Counterclaim / Case Management Decision on Trial Framework
Outcome
Application granted in part; only common elements of proposed frameworks ordered.
Legal Topics
Trade Mark Infringement, Passing Off, Trial by Specimen, Case Management
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Trial by Specimen Case Management

Case Brief

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Parties

Thom Browne Inc

Claimant

Thom Browne UK Limited

Claimant

Adidas AG

Defendant/part 20 Claimant

Adidas International Marketing B.V.

Defendant/part 20 Claimant

Adidas (UK) Limited

Defendant/part 20 Claimant

Adidas International Trading AG

Defendant/part 20 Claimant

Procedural Posture

Intellectual Property Claim and Counterclaim / Case Management Decision on Trial Framework

Legal Issues

  1. 1 Framework for trial of counterclaim for trade mark infringement and passing off
  2. 2 Appropriate categorisation of allegedly infringing products
  3. 3 Extrapolation of liability findings to other products

Ratio Decidendi

Categories of products for trial must reflect legally relevant characteristics so that liability findings can be meaningfully extrapolated to other items; neither party's proposed framework is adopted in full, and only common elements are ordered.

Court Disposition

Application granted in part; only common elements of proposed frameworks ordered.

Orders

  • Allegedly infringing products to be categorised into agreed classes of goods by the parties.
  • Each party may select up to three products per category as examples for trial.