Tag Archives: Common Law Trademark Infringement and Unfair Competition

adidas sues Puma over “Three-Stripe” Trademark

21 Tuesday Feb 2017

Posted by in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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The adidas “Three-Stripe” crusade rolls on, this time targeting Puma’s new four-striped soccer cleat.

Interestingly, unlike the other soccer cleats on the Puma website, this one doesn’t bear Puma’s classic formstrip logo.

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Click the Adidas tag on this post for other “Three-Stripe” litigation.

adidas America Inc. et al v. Puma North America, Inc.

Court Case Number: 3:15-cv-00582
File Date: Wednesday, April 08, 2015
Plaintiff: adidas America Inc., adidas AG, adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP, R.Charles Henn Jr. and Jennifer Fairbairn Deal of Kilpatrick Townsend & Stockton LLP
Defendant: Puma North America, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, State Trademark Dilution, Injury to Business Reputation
Court: District of Oregon
Judge: TBD

Oregon Trademark Litigation Update – adidas America v. Cougar Sport

07 Wednesday Oct 2015

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adidas is back with more “Three-Stripe” litigation, this time against Cougar Sport, a New York-based clothing company selling apparel with four stripes (2 light, 2 dark). adidas has a history of attempting to expand its “Three-Stripe” trademark rights beyond, well, just three stripes. Three can also mean 2 stripes and, if adidas has its way here, 4 stripes.

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The Three-Stripe mark is so famous and distinctive, as adidas frequently reminds us in its Complaint, there must certainly be an argument made that consumers would immediately recognize that 2 and 4-stripe apparel are obviously NOT adidas products.

Earlier this year, fashion designer Marc Jacobs was set to test adidas’ rights to “four stripes,” but adidas voluntarily dismissed the lawsuit shortly after filing the Complaint. Perhaps Cougar Sport should hire Marc Jacobs’ attorneys…

adidas America Inc. et al v. Cougar Sport Inc.

Court Case Number: 3:15-cv-01856-SI
File Date: Wednesday, September 30, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Cougar Sport Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution
Court: District of Oregon
Judge: Judge Michael H. Simon

Complaint: 

Oregon Trademark Litigation Update – adidas America et al v. Skechers USA

24 Thursday Sep 2015

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adidas has a long history with Skechers. In 1994, adidas filed suit for trademark infringement over Skechers‘s Karl Kani footwear. The companies entered into a settlement agreement the following year (the “1995 Agreement,” attached below). Under this agreement, Skechers acknowledged that adidas is the exclusive owner of the THREE STRIPE DESIGN, agreed not to use the THREE STRIPE DESIGN or any mark confusingly similar thereto, and agreed to cease distribution of its KARL KANI sport shoe.

Between 2008 and 2013, adidas and Skechers allegedly entered into five separate confidential settlement agreements about infringements and dilutions of the Three-Stripe Mark. This most recent complaint from adidas claims that “notwithstanding the 1995 Agreement and the subsequent 2008-2013 Agreements–and in continuing, blatant disregard of adidas‘s rights–Skechers yet again is . . . selling footwear . . . bearing a confusingly similar imitation of the adidas Marks.”

adidas is especially aggrieved about a shoe that is (allegedly) confusingly similar to their famous Stan Smith shoe and claims that Skechers intends their “Stan Smith Knock-Off” shoe to be confusingly similar to the adidas Trade Dress and offers evidence that the Skechers website included the terms “stan smith” and “adidas original” in the source code.

adidas America Inc. et al v. Skechers USA Inc.

Court Case Number: 3:15-cv-01741-JE
File Date: Monday, September 14, 2015
Plaintiff: adidas America Inc., adidas AG, Adidas International Marketing B.V.
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Skechers USA Inc.
Cause: Federal Trademark and Trade Dress Infringement, Federal Unfair Competition, Federal Trademark and Trade Dress Dilution, State Trademark Dilution with respect to the Three-Stripe Mark, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Breach of Contract
Court: District of Oregon
Judge: Magistrate Judge John Jelderks

Complaint:

1995 Agreement:

Oregon Trademark Litigation Update – adidas America v. Forever 21

18 Tuesday Aug 2015

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Adidas has filed a complaint alleging that clothing retailer, Forever 21, and clothing manufacturer/distributor, Central Mills, have been selling counterfeit adidas clothing. In the complaint, adidas alleges Defendants have been importing and selling “apparel bearing three stripes that constitute counterfeit and/or confusingly similar imitations of adidas’s Three-Stripe Mark,” and included pictures of two examples (see Complaint below).

In 2013, Forever 21 and Central Mills were sued by fashion photograher, Mark Hunter, for copyright infringement. Hunter alleged that Defendants used one of his photographs on clothing without authorization. That case was settled out of court less than four months after the complaint was filed.

adidas America Inc. et al v. Forever 21 Inc. et al

Court Case Number: 3:15-cv-01559
File Date: Monday, August 17, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman of Perkins Coie LLP
Defendant: Forever 21 Inc., Central Mills Inc.
Cause: Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Michael H. Simon

Oregon Litigation Update – adidas America v. Reliable Knitting Works

02 Thursday Jul 2015

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Adidas has filed a trademark complaint against Reliable Knitting Works, a Wisconsin based company doing business as Reliable of Milwaukee. Adidas is alleging that Muk Luks, one of Reliable’s brands, sells a shoe that, Adidas alleges, “bears parallel stripes on the mid-foot portion of the upper in a manner likely to be confused with adidas’s famous Three-Stripe Mark.”

Adidas is asking the Court to: “(a) permanently enjoin Reliable from marketing or selling footwear bearing confusingly similar two-, three-, and four-stripe imitations of the Three-Stripe Mark; (b) award adidas monetary damages and to treble that award; (c) require Reliable to disgorge all profits from sales of the Infringing Footwear; and (d) award adidas punitive damages, attorneys’ fees, and costs.” 

adidas America, Inc. et al v. Reliable Knitting Works, Inc.

Court Case Number: 3:15-cv-01217-PK
File Date: Wednesday, July 1, 2015
Plaintiff: adidas America, Inc., adidas AG
Plaintiff Counsel: Kristina J. Holm and Stephen M. Feldman of Perkins Coie, LLP
Defendant: Reliable Knitting Works, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

Oregon Trademark Litigation Update – adidas America v. Marc Jacobs International

09 Thursday Apr 2015

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Does trademark protection of Adidas’ famous “Three-Stripe Mark” also extend to four stripes? Fashion designer Marc Jacobs is ready to debate that question in Oregon federal court.

Some media coverage of the lawsuit, with images: de zeen, NY Post

Stay tuned for updates.

adidas America Inc. et al v. Marc Jacobs International LLC

Court Case Number: 3:15-cv-00582
File Date: Wednesday, April 08, 2015
Plaintiff: adidas America Inc., adidas AG
Plaintiff Counsel: Stephen M. Feldman, Kristina J. Holm of Perkins Coie LLP
Defendant: Marc Jacobs International LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Unfair and Deceptive Trade Practices, Common Law Trademark Infringement and Unfair Competition, Federal Trademark Dilution, State Trademark Dilution
Court: District of Oregon
Judge: Magistrate Judge Paul Papak

Oregon Trademark Litigation Update – All Care in Home Support Service v. Mid Rogue Independent Physician Association

12 Tuesday Nov 2013

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All Care in Home Support Service, Inc. v. Mid Rogue Independent Physician Association, Inc.

Court Case Number: 1:13-cv-02004-PA
File Date: Monday, November 11, 2013
Plaintiff: All Care in Home Support Service, Inc.
Plaintiff Counsel: Peter E. Heuser, Matthew R. Wilmot of Schwabe Williamson & Wyatt PC
Defendant: Mid Rogue Independent Physician Association, Inc.
Cause: Federal Unfair Competition, Oregon State Trademark Infringement, Common Law Trademark Infringement and Unfair Competition, Cancellation of Federal Trademark Registrations
Court: District of Oregon
Judge: Judge Owen M. Panner

Oregon Trademark Litigation Update – Repar Corporation v. Willowood USA

25 Tuesday Jun 2013

Posted by in District of Oregon, Intellectual Property, Litigation, Oregon, Trade Secret, Trademark

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Here’s an interesting case…breach of a noncompete, trade secrets, trademark infringement, pesticides and even the EPA.

Court Case Number: 6:13-cv-01043-AA
File Date: Thursday, June 20, 2013
Plaintiff: Repar Corporation
Plaintiff Counsel: Jeff S. Pitzer, Bryan S. Geon of Pitzer Law
Defendant: Willowood USA, LLC, Brian Heinze
Cause: Breach of Express Contract, Breach of Implied-in-Fact Contract, Quasi-Contract/Unjust Enrichment, Misappropriation of Trade Secrets, Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement and Unfair Competition
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Oregon Trademark Litigation Update – Exact Order Specialties v. Glow Industries

11 Wednesday Apr 2012

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Exact Order Specialties v. Glow Industries, Inc. et al

Court Case Number:    3:12-cv-00631-HU
File Date:    Tuesday, April 10, 2012
Plaintiff:     Exact Order Specialties
Plaintiff Counsel:     John E. Grant, III of Meltzer Grant LLC
Defendant:     Glow Industries, Inc., David Glowacki, Brian Nupp, Does 1-10
Cause:    Federal Trademark Infringement, Federal Trademark Counterfeiting, Federal Unfair Competition, Oregon Trademark Infringement and Counterfeiting, Oregon Trademark Dilution, Unlawful Trade Practices, Common Law Trademark Infringement and Unfair Competition
Court:    Oregon District Court
Judge:     Magistrate Judge Dennis J. Hubel