Adidas accuses Bally of using its Three-Stripe trademark
Adidas alledges Bally is currently selling footwear likely to “cause consumer confusion"
German sportswear giant Adidas has filed a lawsuit against Bally's US division, accusing the Swiss shoe brand of infringing on its Three-Stripe trademark.
The suit, filed in the US District Court for Portland, Oregon, also accuses Bally of unfair competition, trademark dilution, and deceptive trade practices and requests a jury trial.
In the complaint, Adidas accuses Bally of a "blatant disregard" of its rights, adding the brand has copied its Three-Stripe trademark, despite its knowledge of Adidas' rights to the trademark.
According to Adidas, Bally is currently selling footwear that bears "confusingly similar imitations" of its Three-Stripe mark. In the suit, Adidas alleges Bally is currently selling footwear featuring two and/or three parallel stripes on the side of the shoe in a manner that is likely to "cause consumer confusion and deceive the public regarding its source, sponsorship, or affiliation".
The suit adds, Bally "knowingly, willfully, intentionally, and maliciously" adopted and used substantially indistinguishable and confusingly similar imitations of the ThreeStripe mark to mislead and deceive consumers into believing it was manufactured, sold, authorised, or licensed by Adidas.
The suit claims Adidas first started using three parallel stripes on its athletic shoes more than 60 years ago and the Three-Stripe mark has since come to signify the "quality and reputation" of Adidas footwear.
Now, Adidas asks the court to permanently prohibit Bally from marketing or selling footwear using or bearing "confusingly similar imitations" of the Three-Stripe mark along with requests for triple damages and for Bally to "disgorge" all of its profits from its sales of infringing footwear.
In July, Adidas filed a lawsuit against Skechers, accusing the US based footwear maker of copying the Springblade concept in its Mega Flex shoes.
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