Adidas Hits Forever 21 with Three-stripe Trademark Claim

In a lawsuit filed on August 17, at the US District Court for the District of Oregon, Adidas claimed that Forever 21 is liable for both counterfeiting and trademark infringement. New York-based apparel company Central Mills has also been named in the lawsuit.


At the centre of the dispute are jumpers sold by the retailer bearing three stripes on the shoulders and arms. The jumpers are grey and bear images of animated characters from the “Teenage Mutant Ninja Turtles” and “Looney Tunes” television series.


Forever 21’s actions are “likely to cause confusion” and “deceive the public regarding its source”, the court document claimed.


Adidas said that the retailer’s actions serve to “dilute and tarnish the distinctive quality of Adidas’s three-stripe mark”.


Adidas has been using the three-stripe mark for footwear since 1952 but also uses the mark on a number of other products. The sportswear company said the mark is “well-known” and “famous” among US consumers and added that its fame has been enhanced by the endorsement of celebrities including musicians Katy Perry and Kanye West.


“The three stripe mark came to signify the quality and reputation of Adidas footwear to the sporting world early in the company’s history,” the court document stated.


Adidas claimed that the promotion and distribution of the allegedly infringing apparel is a “blatant disregard” of the company’s trademark rights and is requesting any damages awarded to be tripled to reflect Forever 21’s “wilful” infringement.