ASICS America Corporation and ASICS Corporation Japan have filed suit in Federal District Court in the US District Court, Central District of California against Payless ShoeSource Inc. for trademark infringement, unfair competition, trademark dilution and false advertising.
ASICS is seeking a permanent injunction against Payless to prevent any future sales and distribution of shoes that bear a stripe design similar to ASICS(R) famous stripe design. In addition, ASICS is also seeking damages, including profits and attorney fees. ASICS has also asked US Customs to seize infringing shoes being imported into the United States.
ASICS discovered through its continuous Marketplace-Monitoring Program that Payless was selling in its discount stores its Cross-Trekkers Zeppelin Mule, Zeppelin Jogger, Smartfit Avery, Smartfit Hailey Jog and TD Pink Avery style shoes having stripes confusingly similar to ASICS globally recognized ASICS(R) Stripes. “These Payless shoes are a blatant attempt to 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 more than 35 years building a world renowned premium brand and nurturing the goodwill represented by the ASICS(R) stripe mark. Payless is well aware of our heritage and our famous stripe logo and are intentionally trying to capture this image for use on their shoes.”
