Adidas trademark suit against White Fox tests scope of three-stripe rights in Australia

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Adidas trademark suit vs White Fox

Highlights

Adidas filed a Federal Court lawsuit against White Fox Boutique alleging trademark infringement over four-stripe apparel promoted since March 2024.
Legal experts view the case as a major test for the scope of Adidas's three-stripe trademark protection in Australia, especially regarding different stripe counts.
White Fox argues the four stripes are decorative, while Adidas cites prior local enforcement but faces international legal setbacks; the hearing is scheduled for early 2027.

Federal Court case targets four-stripe clothing designs

As reported by ABC News, Adidas has filed a trademark infringement claim in the Federal Court of Australia against Sydney-based online fashion retailer White Fox Boutique, alleging the company sold garments and ran promotions using four parallel stripes that are deceptively similar to Adidas's three-stripe mark.

Court documents say Adidas alleges White Fox has promoted and supplied clothing bearing four equal-width stripes in contrasting colors since March this year, including in advertising on buses, at bus stops and on social media. Adidas says it asked White Fox in March to remove the products from sale and stop using the design, but White Fox declined.

The sportswear group also alleges White Fox used genuine Adidas shoes in matching colors in some promotional material, arguing that the presentation takes advantage of Adidas's reputation and could lead consumers to associate the two brands. In court on Friday, White Fox barrister Ed Heerey KC said the retailer will argue the four stripes are decorative rather than a trademark.

Trademark validity and sector implications

Legal specialists say the case could become a broader test of how far Adidas's trademark protection extends in Australia, particularly where designs use a different number of stripes. Muhammad Abbas of Queensland University of Technology said a 2023 High Court decision shows the analysis turns on the overall impression on a notional buyer, not simply on counting visual elements.

Adidas has used the three-stripe design in Australia for more than 65 years and has previously enforced it in court, including a successful 2013 case against Pacific Brands involving some Dunlop and Grosby shoe designs. But academics also point to overseas setbacks, including an unsuccessful case in the U.S. against Thom Browne and a UK ruling that found the trademark invalid in that jurisdiction.

Sarah Hook of the University of Technology Sydney said Adidas's Australian trademark states that single-stripe or two-stripe designs would not infringe, making White Fox's four-stripe approach notable. Benjamin Hopper of the University of Melbourne said the dispute also raises the core trademark issue of distinctiveness, or whether a simple stripe configuration is sufficiently unique to distinguish one trader's goods from those of rivals. The case is set down for a hearing in early 2027.

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