Adidas Stripes Trademark Loss Stands Despite Discovery Error (1)

Adidas AG‘s three-stripes trademark loss should stand as Thom Browne Inc.'s failure to produce four emails from its executive during discovery doesn’t warrant a new trial, the Second Circuit said Wednesday.

The emails expressing concern that Thom Browne’s four-stripe design could be conflated with Adidas’ iconic look probably wouldn’t have flipped the outcome of the jury trial, Judge Michael H. Park wrote for the US Court of Appeals for the Second Circuit.

Jurors had more relevant evidence to weigh Adidas’ claim and there was no evidence the omission was in bad faith, the panel said.

Wednesday’s ruling is the ...