Despite being told previously in a court that designer Thom Browne’s four horizontal stripes do not violate the copyright Adidas holds on its famous three-stripe logo, the German sportswear giant once again got litigious over the matter.

And, once again, it failed.

Some context: In January of 2021, Adidas sought damages of almost $900,000 in would-be licensing fees over the logo dispute. The court sided in Thom Browne's favor in January of 2023. As part of the case, it came to light that Thom Browne and Adidas made an agreement that as long as Thom Browne used four stripes instead of three, it wouldn't be an issue.

However, it became an issue.

Even after the matter was struck down in court, Adidas recently attempted to get a New York City appeals court to reinstate its lawsuit claim. Adidas’ case included an argument that U.S. District Judge Jed Rakoff “gave the jury incorrect instructions on how to determine whether Thom Browne’s clothing would confuse customers.”

The 2^nd U.S. Circuit Court of Appeals ruled against Adidas, though, writing last week that the original ruling “appropriately reflected the law and evidence presented at trial,” and that Rakoff's instructions were “immaterial,” according to Reuters.

Rakoff also denied Adidas’ motion for a new trial on other grounds.

Adidas issued a statement that it is disappointed in the appeal denial, and that its various trademarks relating to the three stripes are still valid.

Reuters also reported that Adidas currently has filed more than 90 lawsuits and reached over 200 settlements in cases relating to trademarks in the last 16 years, showing that the company doesn’t hesitate to protect its marks when it feels they’ve been violated.