Wendel Rosen's Intellectual Property Blog

adidas Means Business: Sues Skechers for Copycat Sneakers

Just coming off the heels of the lawsuit it filed against Marc by Marc Jacobs on April 8, 2015, adidas America, Inc., adidas AG, and adidas International Marketing B.V. (collectively, “adidas”) filed suit against Skechers USA, Inc. (“Skechers”) on September 14, 2015 in the United States District Court of Oregon for trademark and trade dress infringement, unfair competition, trademark and trade dress dilution, deceptive trade practices, and breach of contract. The company alleges that the Skechers “Onix” tennis-style sneaker infringes on one of its most iconic shoes, “the ‘Stan Smith’ sneaker, which adidas introduced in the early 1970s featuring a classic tennis-shoe profile with a sleek white leather upper, three rows of perforations in the pattern of the well-known Three-Stripe trademark, a defined stitching across the sides of each shoe enclosing perforations, a raised mustache-shaped colored heel patch, which often is green, and a flat tonal white rubber outsole.”

 

Side by Side

adidas “Stan Smith” v. Sketchers “Onix”

 

In its complaint, adidas outlined all the similarities between the adidas Stan Smith and the Skechers Onix.

 

adidas v. Sketchers Elements

 

In support of its infringement claims, adidas cites its various federal registrations for its famous “Three Stripe Mark” on athletic shoes.

 

U.S. Reg. No. 2278589

U.S. Reg. No. 2278589

 

U.S. Reg. No. 3029129

U.S. Reg. No. 3029129

 

 

U.S. Reg. No. 3029135

U.S. Reg. No. 3029135

 

Although the perforations on the Skechers Onix do not exactly mimic the three rows of perforations in the pattern of the well-known Three-Stripe Mark, it is hard to deny the striking similarities between the two sneakers. adidas is seeking various damages, including all profits derived from the infringing good, costs and reasonable attorneys’ fees, as well as an injunction to stop all sales and marketing of the infringing good.

 

 

 

 

 

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