Milkcrate Athletics and Adidas settle NBA t-shirts dispute
New York City-based fashion brand Milkcrate Athletics has reached a settlement agreement with Adidas after it accused its German competitor of trademark infringement earlier this year.
In a filing at the US District Court for the Southern District of New York yesterday, October 29, Milkcrate asked the court to dismiss the suit but did not disclose details of the settlement.
The news comes just months after Milkcrate sued Adidas in August, claiming that a t-shirt design sold by the brand in partnership with the National Basketball Association ( NBA) infringed its trademark.
In its original complaint, Milkcrate alleged that the design was “deceptively copied” from its founder, Aaron LaCrate.
As previously reported by WIPR, Milkcrate said LaCrate had been in communication with Adidas since 2011, during which he shared his thoughts, ideas, concepts and designs with the brand “under the protection of good faith and fair dealing”.
In particular, one of the designs shared by LaCrate was an image of a milk crate on a backboard; “a unique and original symbol for his brand”, the complaint alleged.
“He did so in the good faith hope that he would collaborate with, or at least be treated professionally by, Adidas, and not have his creations simply taken from him without compensation nor recognition,” the complaint said.
But in 2016, when Adidas was the official supplier of uniforms and apparel for the NBA, Adidas allegedly began selling “Brooklyn Nets Milkcrate T-Shirts” as part of the apparel for the 2015-2016 NBA season.
Milkcrate said the resemblance between its own designs and that of Adidas’ t-shirts was “uncanny and undeniable”.
Just days after Milkcrate filed a complaint against Adidas, it also sued athletics company Under Armour over t-shirts worn and distributed at Under Armour’s Elite 24 Basketball Event.
The annual event is aimed at showcasing “24 of the nation’s best high school basketball players” and, according to the claim, the infringing apparel was worn by Under Armour employees and event hosts, as well as distributed to athletes and spectators at the event.
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