Adidas has filed yet another lawsuit in connection with its famous three-stripe trademark. After filing recent suits against Forever 21, Marc Jacobs, and Skechers, the German sportswear giant has named Athletic Propulsion Labs, LLC (“APL”) in a trademark infringement lawsuit, which was filed this week in the U.S. District Court for the District of Oregon, Portland Division.
Adidas claims that APL "intentionally adopted and used counterfeit and/or confusingly similar imitations of the Three-Stripe Mark knowing that they would mislead and deceive consumers into believing that the apparel was produced, authorized, or licensed by adidas, or that the apparel originated from adidas.” Such a move, according to adidas is “in blatant disregard of adidas’s rights.”
The sportswear giant, which notes that it has been using its three-stripe mark on footwear for over 60 years, further alleges that the footwear “distributed, offered for sale, and sold by APL is not manufactured by adidas, nor is APL associated, affiliated, or connected with adidas, or licensed, authorized, sponsored, endorsed, or approved by adidas in any way.”
APL’s allegedly infringing merchandise (pictured above), which is stocked by Revolve, Nordstrom. Shopbop, and other retailers, is “likely to cause confusion, deceive the public regarding its source, and dilute and tarnish the distinctive quality of adidas’s Three-Stripe Mark,” according to adidas’ lawsuit. As a result, the sportswear giant has asked the court to “(a) permanently enjoin APL from marketing or selling footwear bearing confusingly similar four-stripe imitations of the Three-Stripe Mark;(b) award adidas monetary damages and to treble any monetary damages award; (c) require APL to disgorge all profits from sales of the infringing footwear; and (d) award adidas punitive damages, attorneys’ fees, and costs.”
Thus far, adidas has managed to settle its lawsuits and Forever 21 and Marc Jacobs out of court, and this suit will likely follow a similar course. In the meantime, join the discussion on Twitter (@thefashionlaw) and sound off on whether you think adidas actually has a case here ...