Adidas is taking Marc Jacobs
to task for selling sweaters with four stripes running down the arms, a
design it says is too similar to its well-known three stripe motif. In a
complaint filed with the U.S. District Court in Oregon, Adidas accused
Marc Jacobs of trademark infringement and dilution, unfair competition
and deceptive trade practices.
The sweaters at
hand are actually Katie Hillier and Luella Bartley's designs for Marc by
Marc Jacobs, not the main line, and though they do have four stripes
rather than three, it's easy to see what Adidas is mad about.
Adidas
claims that its stripes have reached icon status to the public, citing a
whole host of articles calling them "legendary, "ubiquitous,"
"signature," and, indeed, "trademark." The point there is that Marc
Jacobs could be misleading consumers into thinking that they're actually
looking at Adidas apparel, which could tarnish the reputation it's
built among customers.
"This is particularly
damaging with respect to those people who perceive a defect or lack of
quality in Marc Jacobs’s products," Adidas writes.
A
big part of Adidas's argument is that it's very much competitive with
Marc by Marc Jacobs, thanks to its ongoing collaboration with Yohji
Yamamoto on the higher-end Y-3 line. (Both brands, for instance, are
currently sold at Saks Fifth Avenue.) So Adidas has more to lose from
Marc by Marc using similar stripes than it would from a brand reaching
an entirely different customer base doing so.
A rep for Marc Jacobs declined to comment on pending litigation for this story. Our big question? How the fact that Marc by Marc Jacobs is being discontinued will play into the suit.
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