By Matthew Russell Lee, Patreon Maxwell Book
SDNY COURTHOUSE, Dec 21 - In mid 2021 adidas sued Thom Browne for infringing on its "three stripe" mark with a four stripe design.
In January 2023 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held a jury trial. Inner City Press covered it, until the January 12 verdict that Thom Browne is NOT liable
Thom Browne in SDNY, courtesy to Inner City Press by Elizabeth Williams
In the afternoon of January 12, Inner City Press went to the courtroom; out in the hall stood the man in the shorts and suit jacket.
After less than two hours of deliberation, the jury found Thom Browne NOT LIABLE.
But it was not over. On October 18, 2023 adidas filed a motion for a new trial, citing five emails withheld from it but produced in a parallel UK litigation by Thom Browne's counsel there.
On December 21 Judge Rakoff held an evidentiary hearing and Inner City Press was there. adidas established that a paralegal marked the five emails and more "need further review" and gave them to Concilio, which did not in fact review them. Was it intentional or negligence? Judge Rakoff indicated that the motion for a new trial may hinge on that. A re-review is to be done - the cost estimate it due on January 5, likely to be split 50-50 - and then depositions. Inner City Press will cover it all - watch this site.
More details on SubstackInc here
This case is or was adidas America, Inc. et al v. Thom Browne, Inc., 21-cv-5615 (Rakoff)
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