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16 September 2022TrademarksStaff Writer

Footwear brand ends running shoe dispute

The dispute concerned a stylised trademark | German courts had ordered Brooks Sports to cease using the logo in the EU.

Footwear company, Skechers, has settled its trademark clash over rival Brooks Sports’ use of a stylised “5” on its running shoes.

The notice of voluntary dismissal—filed Wednesday, September 14 at the US District Court for the Central District of California—said that both parties would bear their own costs and attorneys’ fees. No further details of the settlement were available.

In June this year, Skechers accused Brooks Sports of infringing through its use of a “5” logo, which the sports retailer believed was too similar to its own signature “S” logo.

The suit alleged that Brooks Sports had recently adopted an italicised “5” that is “virtually indistinguishable” from the Skechers marks.

In its suit, Skechers claimed that courts in Germany had already ordered Brooks Sports to cease and desist its infringing uses of the “5” mark across the EU.

“Nevertheless, despite repeated demands, Brooks has refused to alter course in the US and has persisted in its infringing and dilutive activities. Accordingly, Skechers brings this suit to enforce its rights and protect its valuable trademarks and associated goodwill,” it added.

At the time, Skechers asked the court for injunctive relief, recall of the allegedly infringing products, an award of profits, and triple damages.

Puma has also taken Brooks Sports to court in recent months, alleging the shoe company had infringed Puma’s ‘Nitro’ trademark in advertising, alongside a design patent by copying a foam-moulding technology used in running shoes.

The Puma suit remains ongoing.

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27 July 2022   Skechers and Puma have sued Brooks Sports over alleged IP violations | More litigation centring on fair use expected in the outdoor and sportswear sectors | Trademark Modernization Act | NFTs
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12 July 2022   Litigation focuses on ‘Nitro’ and design patents used in making soles for running shoes.
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