On April 29, 2026, Shapiro Arato Bach secured a Second Circuit victory for fashion label Thom Browne affirming a decision denying Adidas’s motion for a new trial after a jury had rejected Adidas’s trademark infringement claims.
Adidas’s new trial motion arose from the post-judgment discovery of four emails between Thom Browne executives that Adidas claimed should have been produced during discovery. The district court denied the motion, and Adidas appealed. On appeal, the Second Circuit agreed with Thom Browne’s arguments that, even if the emails should have been produced, Adidas was not entitled to a new trial under either Federal Rule 60(b)(2) or 60(b)(3).
The Second Circuit held relief was not warranted under Rule 60(b)(2) because Adidas failed to show the four emails would have probably changed the outcome of the trial. Among other reasons, the Court found the emails did not bear directly on the key likelihood of confusion inquiry for trademark infringement and wouldn’t have undermined Thom Browne’s effective trial defense that Adidas wanted to “own all stripes.”
The Second Circuit also agreed with Thom Browne’s arguments that Adidas was not warranted relief under Rule 60(b)(3). Addressing an issue of first impression in the Second Circuit, the court agreed with SAB’s argument that the word “misconduct,” as used in Rule 60(b)(3), does not include merely negligent discovery violations, and instead requires a heightened level of culpability. This interpretation, the court explained, was supported by the text of the Rule 60(b)(3), the context within the Federal Rules of Civil Procedure, historical evidence, and the advisory committee notes. The Court then held the non-production of the four emails did not involve the heightened culpability required for it to be “misconduct” under Rule 60(b)(3).
Partner Alexandra Shapiro argued the appeal and authored the briefs for Thom Browne along with Partner Julian Brod and Associate Christopher Johnson. The Court’s opinion can be found here, Thom Browne’s Second Circuit brief can be found here, and oral argument audio can be found here.