ASICS America Corporation and ASICS Corporation Japan have filed separate lawsuits in Federal District Court in the US District Court, Central District of California against Steve Madden, Ltd. and Danskin, Inc. for trademark infringement, unfair competition, trademark dilution and false advertising. ASICS is seeking a permanent injunction against each of them to prevent any future sales and distribution of shoes that bear a stripe design similar to ASICS famous Stripe Design trademark. In addition, ASICS is also seeking damages, including profits and attorney fees from each infringer.
ASICS said it discovered through its continuous national Marketplace-Monitoring Program that Steve Madden was selling its SWEEPER, STRYKER, SWFTT, and KWICKK style shoes and Danskin was selling its GAZELLE and SWEETIE style shoes, each having stripes on them that are confusingly similar to ASICS globally recognized ASICS Stripe Design trademark.
“These shoes are a clear attempt to take a free-ride on the brand image and goodwill ASICS has developed over the years.” says Michael Zall, Vice President and General Counsel for ASICS America Corporation. “ASICS has spent close to 40 years building a world renowned premium brand and nurturing the goodwill represented by the ASICS Stripe Design trademark. Steve Madden and Danskin are well aware of our heritage and our famous stripe logo and are intentionally trying to capture this image for use on their shoes. We will not permit them or any other company to infringe on our rights.”