Adidas challenges White Fox over stripes

Adidas has initiated legal proceedings against the Australian fashion label White Fox over its , asserting that it bears a resemblance to the German brand's well-known logo. The sportswear giant claims it has repeatedly requested that White Fox cease its promotional activities since March, yet the Sydney-based company has declined to comply. 

Known for its appeal to teenagers and young adults, White Fox has significantly expanded its presence through billboard advertisements, bus promotions, and partnerships with university-aged influencers across Australia, the UK, and the US. In a hearing at the Federal Court last Friday, White Fox's legal representatives denied any infringement of trademark rights.

John Ferdinand, a partner at the prominent Intellectual Property law firm Marks & Clerk, remarked that “Adidas has famously and repeatedly taken legal action against use of similar numbers of stripes such as this and, while not always successful (e.g. in the widely reported Thom Browne US litigation in 2023), the message to the market is clear – they are prepared to act if necessary.” He noted the ongoing debate regarding whether White Fox's use constitutes infringement or is merely decorative. Ferdinand added that it remains to be seen if a settlement will occur, emphasising that “the key point is that, whether ultimately successful or not, Adidas are taking this step not just to address this particular issue but to prevent other possible similar product designs from ever reaching the market.” Ultimately, he conveyed that Adidas is sending a strong message to competitors that adopting a similar design is a "commercial risk" that many smaller brands may choose to avoid.