May 18, 2018

Court walks backwards and forwards in trainer dispute

Circuit Judge Jacqueline Nguyen delivered a contradictory verdict for Adidas in their case against Sketchers at the US District Court for the District of Oregon, Portland Division. The Court gave Adidas both victory and defeat in the final outcome.

The two footwear companies began their dispute in 2015 when Adidas filed a complaint against Sketchers for trademark infringement in their Onix trainer which Adidas believes takes the appearance of their Stan Smith trainer. Adidas have also accused the same in Sketcher's Cross Court trainer which features a three-stripe mark.

The US Court of Appeals for the Ninth Circuit upheld a preliminary injunction to stop Sketchers from selling the trainer in a 3-0 vote. However, the panel reversed a different preliminary injunction which would now allow Sketchers to sell their Cross-Court shoe.

Adidas had proved that they would suffer irreparable harm from the sale of the Onix trainer but failed to prove that their brand would suffer the same impact as a result from the sales of the three-stripe mark on the Cross Court trainer.

Adidas have been in dispute with Sketchers over their alleged infringement of Adidas' trademarks for over 20 years now so it seems unlikely that this decision will end this lengthy dispute.

// If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.

 

Posted by: in: News, Trade Marks

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