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(单词翻译:双击或拖选)
Thom Browne's win against Adidas is also one for independent designers, he says
A strange scene unfolded in a Manhattan courtroom in early January. Jury members examined pieces of luxury clothing by American designer Thom Browne worth more than $1,000 a pop that had been wheeled out on a rack for their consideration.
At the center of attention were four stripes featured on the left sleeves of jackets and tops and on the left legs of fancy sweatpants. Were these marks an infringement2 of the three stripes featured on the products of sportswear giant Adidas? That was the question.
Adidas had previously3 fought similar battles against brands including Marc Jacobs, Skechers and Tesla. The outcome of the case with Thom Browne, which is a subsidiary of the fashion house Ermenegildo Zegna, could expand smaller companies' power to enforce trademarks5.
On Jan. 12, Browne scored a major victory, one in which he saw himself as the independent David battling a German multinational6 Goliath. The eight-person jury found that Thom Browne was not guilty of infringing7 upon the three stripes Adidas uses in its logo. He can keep using four bars in his designs.
Browne said the trademark4 battle was not for him alone.
"It was so clear to me to fight for myself, but also to fight for other independent designers and younger designers when they create something unique — that they have the protection of knowing that there won't be some big company that will come and try to take it away from them," he told NPR's A Martínez.
Adidas had reached out to Browne in 2006 when his company was still a fledgling one. At the time, he was using three horizontal bars rather than the four that have now become synonymous with his brand. Adidas asked him to stop; he agreed the next year to add a fourth stripe.
It wasn't the end of the story. Adidas came calling back 15 years later, after Thom Browne had expanded into activewear and began dressing8 the Cleveland Cavaliers and FC Barcelona in suits prior to their games.
"There was a reason for me to make my point and to not give up something that became so important, emotionally even, to my collection," Browne said. "There wasn't any confusion between my bars and their three vertical9 stripes."
Adidas filed its lawsuit10 in 2021 focusing on the use of four stripes, as well as Thom Browne's red, white and blue-stripe grosgrain ribbon loop inspired by locker11 tabs at the backs of tops and shoes, a nod to his childhood in a family of seven kids who all played sports.
Adidas, which had sought $8 million in damages, said in a statement that it was "disappointed with the verdict." The company vowed12 to "continue to vigilantly13 enforce our intellectual property, including filing any appropriate appeals."
Browne described the experience of the trial as "most interesting and stressful" for him. "I never want to live through it again, but it was important to live through it because I knew we needed to fight and make our case for what was right," he added.
To make his point, Browne showed up to court wearing one of his signature shorts suits, with a shrunken jacket and tie, knit cardigan, leather brogues and sport socks stopping just below the knee.
"It's not something I do just for a living," he explained. "People outside the courtroom needed to see me representing myself exactly the way that I am in the most real way. ... And so walking into the courtroom, I was just being myself."
1 transcript | |
n.抄本,誊本,副本,肄业证书 | |
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2 infringement | |
n.违反;侵权 | |
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3 previously | |
adv.以前,先前(地) | |
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4 trademark | |
n.商标;特征;vt.注册的…商标 | |
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5 trademarks | |
n.(注册)商标( trademark的名词复数 );(人的行为或衣着的)特征,标记 | |
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6 multinational | |
adj.多国的,多种国籍的;n.多国籍公司,跨国公司 | |
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7 infringing | |
v.违反(规章等)( infringe的现在分词 );侵犯(某人的权利);侵害(某人的自由、权益等) | |
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8 dressing | |
n.(食物)调料;包扎伤口的用品,敷料 | |
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9 vertical | |
adj.垂直的,顶点的,纵向的;n.垂直物,垂直的位置 | |
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10 lawsuit | |
n.诉讼,控诉 | |
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11 locker | |
n.更衣箱,储物柜,冷藏室,上锁的人 | |
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12 vowed | |
起誓,发誓(vow的过去式与过去分词形式) | |
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13 vigilantly | |
adv.警觉地,警惕地 | |
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