Thom Browne Inc & Anor v Adidas AG & Ors

Thom Browne Inc & Anor v Adidas AG & Ors

The appropriate case management is for categories of products to reflect Adidas’ case as to why they are infringing or passing off, by reference to relevant characteristics, so that findings can be extrapolated. No order is made on the application except for the common ground in paragraphs 1 and 2 of the proposed framework. The parties are to attempt to agree a way forward, failing which they may seek further directions from the court.

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
11 October 2024
Procedural Posture
Intellectual Property / Case Management Application Regarding Trial Framework
Outcome
No substantive order on the application except for paragraphs 1 and 2 of the proposed framework, which are common ground. Parties to attempt agreement; liberty to apply for further directions.
Legal Topics
Trade Mark Infringement, Passing Off, Trial by Specimen, Case Management
Intellectual Property Trade Mark Infringement Passing Off Trial by Specimen Case Management

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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 / Case Management Application Regarding Trial Framework

Legal Issues

  1. 1 Whether the trial of the counterclaim for trade mark infringement and passing off should proceed by reference to specimen items and categories, and if so, on what framework

Ratio Decidendi

The appropriate case management is for categories of products to reflect Adidas’ case as to why they are infringing or passing off, by reference to relevant characteristics, so that findings can be extrapolated. No order is made on the application except for the common ground in paragraphs 1 and 2 of the proposed framework. The parties are to attempt to agree a way forward, failing which they may seek further directions from the court.

Court Disposition

No substantive order on the application except for paragraphs 1 and 2 of the proposed framework, which are common ground. Parties to attempt agreement; liberty to apply for further directions.

Orders

  • Allegedly infringing products shall be categorised into agreed classes of goods (Categories) by agreement between the parties.
  • Each party may select up to three products per Category as Examples; further directions to be sought if agreement cannot be reached.