adidas-America, Inc., v. Payless Shoesource, Inc.

546 F. Supp. 2d 1029 (2008)

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adidas-America, Inc., v. Payless Shoesource, Inc.

United States District Court for the District of Oregon
546 F. Supp. 2d 1029 (2008)

Facts

adidas-America and adidas-Salomon AG (collectively, Adidas) (plaintiffs) owned a valid registration for the Three-Stripe trademark, which consisted of three parallel stripes, each with straight edges and spaced equally apart, running diagonally along the side of an athletic shoe. Additionally, the stripes were a contrasting color to the background of the shoe. Payless Shoesource, Inc. (Payless) (defendant) sold athletic shoes that had two or four parallel stripes, with straight edges, running diagonally along the sides. The stripes were also a contrasting color to the background of the shoe. Payless was aware of the Three-Stripe trademark when it began selling the Payless striped shoes. The parties’ shoes were sold at different stores and prices. Adidas filed a claim for trademark infringement, accusing Payless of selling shoes with confusingly similar versions of the Three-Stripe trademark. Payless filed a motion for summary judgment. Adidas submitted evidence that the parties’ marketing channels overlapped and that Payless intended to copy the Three-Stripe trademark. Adidas also submitted evidence of harm from consumer confusion. Payless’s counsel acknowledged Payless consumers were not sophisticated.

Rule of Law

Issue

Holding and Reasoning (King, J.)

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