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16 June 2017Patents

Adidas fails to block sale of Skechers trainers

Adidas has failed in its attempt to stop Skechers selling trainers that allegedly infringe its Springblade design.

In July last year, Adidas filed its lawsuit at the US District Court for the District of Oregon, claiming that Skechers wilfully infringed two design patents related to Springblade, a three-year-old design which helps to propel runners forward.

According to the claim, Skechers’ Mega Blade model, which is part of its Mega Flex line of children’s shoes, infringed two of Adidas’ patents: US numbers 9,339,079 and 9,345,285.

Adidas requested a preliminary injunction, but in two decisions handed down on Monday, June 12, US District Judge Michael Simon refused to grant the injunctive relief.

“The evidence presented by Adidas fails to make a persuasive showing that the Mega Blade shoe has had an appreciable adverse effect on the Springblade shoe,” said Simon.

He added that the evidence presented by Adidas, which claimed the presence of the infringing shoe affects the company’s ability to relaunch later, was “simply too speculative”.

Simon concluded: “Adidas’ evidence of irreparable injury is too conclusory and speculative to meet its burden for a preliminary injunction.”

The judge also put the case on hold so that the Patent and Trial Appeal Board could consider related issues.

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Trademarks
5 February 2019   Footwear brand Skechers has asked a US court to declare that one of its shoe styles does not infringe Adidas’s three-stripe trademark.