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Adidas v. Puma: Another three-stripe lawsuit

By Tucker Chambers on February 23, 2017
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We’ve written on several occasions (for example, here, here, and here) about the aggressive policing by Adidas of its well-known “three-stripe” mark for shoes, including attempts to enforce its mark against other two-stripe or four-stripe designs (with some success).

Adidas is at it again, with a new lawsuit asserting trademark infringement based on Puma’s four-stripe design for a soccer cleat. The complaint was filed on Friday last week in the U.S. District Court, District of Oregon. Adidas also filed a motion for a preliminary injunction on the same day.

Puma is a competitor and longtime rival of Adidas. The two companies are headquartered within walking distance of each other, in the German town of Herzogenaurach. Adidas and Puma were founded decades ago by brothers Adi Dassler and Rudolph Dassler, respectively, which has led to fierce and sometimes bitter competition between the two companies over the years. In 2013, Forbes ranked the Adidas v. Puma rivalry as one of the greatest business rivalries of all time.

Below is Puma’s soccer cleat that is the subject of the infringement lawsuit filed by Adidas:

puma

And here is the three-stripe design on one of the Adidas soccer cleats:

adidas-puma

What do you think? Would consumers be likely to confuse the Puma shoe for an Adidas shoe? This dispute is in its early stages, as Adidas just filed its complaint last week, so it remains to be seen how Puma will respond. Stay tuned for further updates.

Photo of Tucker Chambers Tucker Chambers

View my professional biography

I’ve always been fascinated by brands, logos, slogans, and other creative works. I remember in my first year of middle school, asking my parents for the Adidas “three stripe” shoes to match my friends at school. And I vividly…

View my professional biography

I’ve always been fascinated by brands, logos, slogans, and other creative works. I remember in my first year of middle school, asking my parents for the Adidas “three stripe” shoes to match my friends at school. And I vividly recall various McDonald’s commercials and billboards, with the golden arches and the ubiquitous slogans, such as “We Love to See You Smile” (which, in my teenage years, changed to the allegedly hipper slogan “i’m lovin’ it”). And other endless logos and characters would intrigue me at the grocery store. I remember wondering why the little ® and © symbols were there, and what they meant—and eventually, this all led to an interest in trademarks and copyright law.

I was also drawn to intellectual property law based on my interests in technology, computers, and robotics. In my high school years, a small group of friends started a robotics team and asked me to join. We built a makeshift robot (primarily from plywood and pool noodles) and somehow ended up winning a regional competition. The following year (with a significantly more sophisticated robot), we advanced to the national championship.

My interest in practicing intellectual property law also grew through my law school courses and research work with my intellectual property professor, Ruth Okediji. In particular, one of my courses allowed me to embark on a week of extracurricular traveling to conduct pro bono work for a non-profit organization, including a visit to Tetiaroa in French Polynesia (a two-square-mile atoll, about three hours by boat from Tahiti). I worked diligently on some trademark matters, while sitting by the beach, sipping on fresh coconut water. Needless to say, that beach-side adventure set a high bar for the real-world practice of intellectual property law—but thus far I have not been disappointed.

Outside of work, I enjoy spending time with my wife and family, trying out new restaurants in the Twin Cities area (especially Italian and Latin American), playing tennis, and catching up on my favorite TV shows (current favorite: Stranger Things) or watching movies—especially spy thrillers, mind-benders, or futuristic sci-fi (all-time favorite: Inception).

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  • Posted in:
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  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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