In a recent court filing with the Massachusetts federal court, New Balance has alleged that French sportswear brand Decathlon has infringed its ‘N’ registered trade mark on the basis that Decathlon’s logo for its ‘Kiprun’ running trainers, a backwards ‘K’, was confusingly similar to the New Balance trade mark.
New Balance supports its claim by providing evidence that it has used the ‘N’ logo since the 1970s, and that Decathlon is encroaching into the same market through US-based online sales and physical storefronts via its US subsidiary, Decathlon America LLC, in order to sell its allegedly infringing products.
Given that the claim is newly filed, the onus will now be on Decathlon to file its defence. Given the long-standing reputation of New Balance and since the ‘N’ trade mark has enjoyed protection as a registration since 1983, this case may well be an up-hill battle for Decathlon unless it can be proven that the ‘K’ logo would not give rise to a likelihood of confusion on the part of the consumer. However, Decathlon may well seek rely on its own reputation in pleading its defence.
If you have any questions on the above, or if you need any advice or support in respect of your own intellectual property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
