Columbia Sportswear filed a lawsuit against Columbia University in the U.S. District Court for Oregon today, July 28, alleging trademark infringement, unfair competition and breach of contract.
“The word ‘Columbia’ refers to only one thing in the minds of consumers of apparel, footwear and related accessories: a long-standing, well-known brand that offers high-quality recreational products, clothing and gear to consumers at accessible prices,” the company wrote in its complaint. “The University’s conduct is currently causing and/or is reasonably likely to cause substantial confusion in the marketplace.”
The University and the sportswear company tackled the problem in 2023, Columbia Sportswear said, when it signed an agreement that allowed the University to sell Columbia-emblazoned gear, as long as it also featured some of the University’s indicia (symbols that indicate the school alone), which include a shield, a crown, a “C” design, or Columbia’s lion mascot.
As long as the University’s merchandise included one of the items above, or the word University, the name of a particular school at the University, or the number 1754, the sportswear company and the University could co-exist, the company said.
However, the University began selling shirts, hats, and other items that simply stated ‘Columbia,’ the company claims, which created confusion.
“Notwithstanding this express agreement, in September 2024, Columbia Sportswear became aware of numerous apparel items for sale on the University’s webstore that used the name Columbia without any other university indicia,” the company wrote in the complaint.
The complaint contains numerous photographs of Columbia University clothing that display only the Columbia logo, including shirts, hats, and visors.
“Moreover, many of these garments are, or incorporate, a bright blue color that is confusingly similar to the blue color that has long been associated with Columbia Sportswear,” the company wrote in the complaint.
Some of the infringing garments also feature the logos of Columbia Sportswear’s competitors, including Nike and Champion, which further causes confusion.
“A consumer looking at the infringing merchandise would reasonably be induced into believing there is an association between Columbia Sportswear and Champion to manufacture and sell the infringing merchandise, when, in fact, there is not,” the company stated.
The company attempted to discuss an “amicable resolution” by reaching out to the University last September, but the school did not “cure the breach”, according to the complaint. And lawyers said the school continues to sell the merchandise in question.
Columbia Sportswear is seeking a jury trial and treble damages, or three times the number of actual damages determined by a jury. It’s also seeking to prohibit any sale of clothing that breaches the parties’ contract, to recall any products already sold, and donating any remaining merchandise to charity.
Columbia University has not responded to the lawsuit.
Image courtesy Columbia University / Columbia Sportswear