Skechers denies Asics lawsuit

US: Court denies Asics lawsuit against Skechers

By just-style.com | 1 May 2007

A US District Court has denied Asics' motion for a preliminary injunction against footwear firm Skechers in an ongoing dispute over stripe designs used by the two firms.

The decision came after the court found there were "substantial" differences between Asics' trademark and Skechers' designs, the footwear company reported.

Athletic shoe and apparel maker Asics Corp and Asics America Corp filed a lawsuit against Skechers in January, suing for trademark infringement, unfair competition, trademark dilution and false advertising. They also claimed that the stripe design on four Skechers shoe styles infringed Asics' stripe trademark.

Asics had sought the injunction to prevent the company from making and selling four shoe styles. In response, Skechers counter-sued in February for trade libel, unfair competition and tortuous interference with prospective economic advantage and economic business relations.

General counsel of Skechers Philip Paccione said: "We feel vindicated by the court's opinion that there are 'substantial' differences between the Skechers stripe designs and the Asics' trademark.

"As we have said all along, the Asics suit is nothing more than an attempt to monopolise the use of common design elements, undermine legitimate competition and intimidate retailers.

"Skechers is hip, cutting edge and original in its shoe designs, and does not attempt to trade on the brand image and identity of any company other than Skechers."

The district court also declined to grant Asics injunctive relief on its trade dress infringement claim, which was limited to one of the four Skechers styles in issue, the Skechers Showdowns.

Paccione added: "In light of this resounding victory, Skechers has decided to focus its resources on bringing this infringement case to a successful and prompt conclusion, and will consider recourse for Asics' anti-competitive and other wrongful conduct at a later date."

Sectors: Apparel, Footwear, Manufacturing

Companies: Asics, Skechers