21 October 2026
Adidas Australia has commenced Federal Court proceedings against Sydney fashion label White Fox Boutique, alleging that White Fox has infringed Adidas’s registered three-stripe trade marks through its use of four parallel stripes on clothing and in advertising.
The dispute has now progressed beyond the initial filing. Adidas alleges that White Fox’s four-stripe designs are deceptively similar to its registered marks and has pointed to their use on products including sweatpants, lounge shorts and socks, as well as advertising across social media and outdoor campaigns. Adidas has also raised White Fox promotional material in which four-stripe clothing was paired with genuine Adidas footwear.
White Fox is defending the proceedings. At an October hearing, its counsel indicated that White Fox will argue that its four stripes are decorative rather than being used as a trade mark. The allegations have not been determined, and the matter is expected to be heard in early 2027.
Whatever the outcome, the case highlights a useful lesson for fashion and consumer brands: trade mark risk is not confined to names and logos.
A stripe, pattern, shape or placement feature may look decorative, but it can also operate as a trade mark if customers understand it as identifying the source of a product. Whether that has occurred depends on the registered mark and how the feature is used in context.
Relevant questions include:
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Is the feature repeated across a range?
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Is it prominent in advertising or social media content?
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Does its placement resemble a recognised brand asset?
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Could customers see it as a badge of origin rather than decoration?
Adding your own brand name may not resolve the problem. A product can display several signs that perform a branding function.
For fashion businesses, this makes pre-launch clearance especially important. Once stock has been manufactured, an IP dispute can affect inventory, packaging, campaign photography, influencer content and retailer commitments.
Before launch, check more than the name on the label. Review recurring motifs, product features, packaging and promotional use. Search relevant trade mark registers and seek advice if a proposed feature comes close to a well-known brand asset.
The reverse is also true. If customers recognise a recurring visual feature as yours, consider whether it should be protected through trade marks, registered designs, copyright or a combination of rights.
IP Solved helps businesses identify, clear and protect valuable brand assets. If you are developing a new range or concerned about a competitor's use of a similar feature, contact IP Solved for practical advice.
