When Robert Maldonado of Wolf, Greenfield & Sacks stood up last week to make his closing argument on behalf of fashion designer Thom Browne in a trademark infringement lawsuit, he had an interesting decision to make: Should he, or should he not, talk about his tie?
Maldonado’s opposing counsel, Charles Henn at Kilpatrick Stockton, representing sportswear giant Adidas, took a moment during his own closing to encourage jurors to take a close look at Maldonado’s tie, a grey Thom Browne design with four prominent horizontal white stripes. Stripes, after all, criss-crossed the heart of the trademark dispute between the two companies. Adidas claimed Browne’s use of four stripes on more than 130 luxury sportswear items, including sweatpants that retail for about $1,2000, infringed its three-stripe trademark and caused brand confusion.
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