Adidas Sues Over Stripe Device
03 December 2012
Sportswear manufacturer Adidas continues its vigilant protection of its three-stripe device trade mark in the US courts, write Blake Dawson lawyers Elizabeth Ireland and Lisa Ritson in the December 2008 edition of IP @ Blake Dawson.
Following its earlier success against Payless Shoes in May, Adidas has filed a new claim against US retailer Target in US Federal Court in Oregon, claiming that Target has infringed its trademark registrations for the three-stripe device by producing and distributing footwear which features two- and four-stripe devices. Adidas has been using its own three-stripe device since 1952 and has held trademark registrations for the three-stripe device since 1994.
Adidas and Target have been in dispute over Target’s use of stripes on its footwear since 2003. Adidas’ claim alleges that “Target thrice agreed not to produce, manufacture, distribute or sell any footwear or apparel bearing the Three-Stripe Mark or any design, mark or feature that is a confusingly similar imitation of the Three-Stripe Mark”.
The sportswear manufacturer is seeking an injunction to prevent Target from further using the stripe device, the delivery up for destruction of any infringing stock, legal fees, additional unspecified damages and recall of all products found to be infringing.
