Global sportswear brand Adidas is suing Australian online retailer White Fox in the Federal Court, alleging the label is trading off its reputation by selling clothing with a four-stripe design that is deceptively similar to its classic three-stripe trademark.
Allegations of trademark infringement
Adidas claims White Fox has been using the four parallel stripes as a trademark for months, despite repeated requests to stop selling and promoting clothing bearing the design. During the first mention of the dispute on Friday, Adidas's barrister Patrick Flynn SC pointed to a picture of a White Fox-endorsed influencer wearing the company's four-stripe shorts with genuine Adidas shoes as a promotion that would confuse consumers.
“There's an intention to trade off our reputation,” Flynn said.
Adidas's history of defending its stripes
Adidas has held the trademark for a three-stripe design in Australia for more than 50 years and successfully sued another retailer for infringement over shoes bearing four stripes in 2013. Flynn noted the action filed against White Fox in September was “not uncharted territory” and described it as “a pretty simple matter”.
White Fox's barrister Ed Heerey KC said the Australian company would argue the four stripes on its clothing were simply decorative rather than a trademark. He highlighted similar items from other brands such as Princess Polly, Glassons, and Shein.
Defence and next steps
“Obviously Adidas has a reputation,” Heerey said. “Their own slogan is that it's the brand with three stripes. Emphasis on the three.” The boutique will argue that the use of four stripes was not deceptively similar to Adidas's trademark and that no consumers would actually be misled.
Heerey noted the 2013 judgment in favour of Adidas found it was common for branding to be placed on the side of shoes, but there was no such common practice for clothing. Adidas is seeking orders to prevent White Fox from making clothing with four stripes and to force it to hand over profits made on the products.
Justice Ian Jackman set the dispute down for a hearing in early 2027. This marks the first high-profile litigation of this kind against White Fox Boutique, which has become a major player in the retail industry since it was launched in Sydney in 2013. Co-founders Georgia and Daniel Contos, who own the company with Daniel's mother Melina Maceri, focused on social media and influencer marketing to build their brand. The online retailer later expanded to the US and UK and generated $542m in revenue in the year to June 2025.
Adidas, which generated a record $39.9bn in 2025, has vigilantly defended its three-stripe trademark across the globe with varying success. The sportswear giant recently lost its trademark infringement cases against luxury brand Thom Browne in the US, UK, and Germany. The upcoming battle in the federal court could prove to be a battleground for Adidas in a world of fast fashion and prolific imitation.
