Adidas and Asics, two brands with famed stripe trademarks have filed separate trademark infringement suits against Target Corp. and Dolce & Gabbana Srl, respectively.
Target Corp. is the victim of the latest legal effort by Adidas to defend the trademarked 3-stripe design that adorns its athletic wear and footwear.
Adidas said in documents filed in federal court in Portland, Ore., on Sept. 30, that Target has produced and distributed goods that imitate its trademark parallel three-stripe mark. The complaint includes photos of footwear sold at Target that bear two and four stripes.
In each case “Target agreed not to produce, manufacture, distribute or sell any footwear or apparel bearing the 3 -Stripe Mark or any design, mark or feature that is a confusingly similar imitation of the 3-Stripe Mark,” the suit stated.
Since April 2008, Adidas can prevent other companies using two stripes, even though Adidas branding has three stripes.
Back then, The European Court of Justice ruled that "the mere fact that the relevant section of the public establishes a link between the two is sufficient". The case was brought in the Netherlands by Adidas against C&A, H&M, Marca Mode and Vendex.
In May, a federal judge in Portland court awarded Adidas $305 million in a trademark lawsuit against Payless ShoeSource Inc. Last month a judge denied Payless’ request for a new trial, on the condition that Adidas agree to an award of $65.3 million.
In June, Adidas filed suit against Wal-Mart Stores Inc. with a similar complaint over the placement of stripes on sneakers for sale at the retailer.
Meanwhile, Asics alleged in documents filed in federal court in Los Angeles on Sept. 29 that footwear from Dolce & Gabbana features an intersecting double stripe design that Asics described as confusingly similar to its own “famous stripe design.” The Japanese sneaker firm’s wares have sported the mark since 1966.
Both Adidas and Asics are seeking injunctions against the further usage of the marks, the delivery for destruction of any infringing stock, legal fees and other, unspecified damages. Adidas also is seeking a recall of all products found to be infringing.