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12 February 2020TrademarksEdward Pearcey

Buffett’s Brooks sues Brooks Brothers over TM registration

Running shoe and apparel seller Brooks Sports has filed a trademark infringement lawsuit against Brooks Brothers, after the latter attempted to register the ‘Brooks’ trademark without the ‘Brothers’.

The lawsuit, filed in the US District Court for the Western District of Washington on Monday, 10 February, alleges that the Brooks Brothers’ action will lead to consumer confusion, dilute Brooks Sports’ own marks, and contravenes a pre-existing, 40-year “coexistence” trademark deal between the companies, amounting to a breach of contract.

Brooks Sports, part of Warren Buffett’s Berkshire Hathaway group, is seeking damages and for a halt to any infringements by Brooks Brothers. The original trademark application was made in late December 2019.

“For more than 100 years we’ve built a brand that consumers worldwide recognise and trust,” said Jim Weber, Brooks CEO, in a statement. “We will aggressively protect our IP and defend the investment that’s created our valuable brand.”

Brooks Sports has become a household name to consumers interested in an active lifestyle, continued the statement.

Brooks Sports, headquartered in Seattle, Washington, and with products on sale in over 60 countries, is known for athletic-inspired footwear and apparel, while Brooks Brothers sells business and formal wear.

By 2023, the global footwear market will hit $320 billion, according to recent Zion Market Research. The global footwear market stood at $246 billion in 2017.

Both companies have been contacted for comment.

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