Thom Browne Inc & Anor v Adidas AG

Thom Browne Inc & Anor v Adidas AG

The appeal was dismissed because the judge was entitled to find that the trade marks did not comply with the requirements of being a single sign and lacked the necessary clarity and precision in their graphical and written representations. The marks covered a wide variety of forms, leading to uncertainty and unfair competitive advantage, and thus failed both the first and second conditions for registrability under the Trade Marks Act 1994 and relevant EU law.

Parties
Claimant/respondent: Thom Browne Inc; Claimant/respondent: Thom Browne UK Limited; Defendant/appellant: Adidas AG
Jurisdiction
England and Wales
Judgment Date
23 October 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Trademark Registrability, Position Marks, Clarity and Precision in Trademark Registration, Interpretation of Graphical and Written Descriptions, Unfair Competitive Advantage
Intellectual Property Trademark Law Trademark Registrability Position Marks Clarity and Precision in Trademark Registration Interpretation of Graphical and Written Descriptions Unfair Competitive Advantage

Case Brief

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Parties

Thom Browne Inc

Claimant/respondent

Thom Browne UK Limited

Claimant/respondent

Adidas AG

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the subject matter of the Adidas trade marks constitutes a single sign or a multiplicity of signs under the applicable law
  2. 2 Whether the graphical and written representations of the trade marks meet the requirements of clarity and precision for registration
  3. 3 Whether the trade marks give Adidas an unfair competitive advantage by covering a multitude of unrepresented signs

Ratio Decidendi

The appeal was dismissed because the judge was entitled to find that the trade marks did not comply with the requirements of being a single sign and lacked the necessary clarity and precision in their graphical and written representations. The marks covered a wide variety of forms, leading to uncertainty and unfair competitive advantage, and thus failed both the first and second conditions for registrability under the Trade Marks Act 1994 and relevant EU law.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Adidas AG is dismissed.
  • The order of the High Court declaring the six trade marks invalid is upheld.