Adidas Argues Discovery Blunder Requires New Trademark Trial (1)

Adidas AG’s second appeal of a 2023 jury verdict that Thom Browne Inc.'s four-stripe shoes don’t infringe its iconic three-stripe trademark met a conflicted Second Circuit panel Tuesday.

A three-judge panel expressed some receptiveness to Adidas’ new grounds for appeal during oral argument at the US Court of Appeals for the Second Circuit, which came just over a year after a separate panel—with one overlapping judge—rejected a challenge to the verdict itself. The apparel giant’s current appeal challenges a district court’s finding that four executive emails Thom Browne failed to produce in discovery didn’t constitute negligence or grounds for ...