ASICS America Corporation and ASICS Corporation Japan has filed two separate lawsuits in the U.S. District Court for the Central District of California, the first against Target Corporation and Mossimo, Inc. and the other against Target Corporation, Blue Marlin Corporation and Roma Atletica S.R.L. Unipersonale. Both lawsuits are for claimed trademark infringement, unfair competition, trademark dilution and false advertising. ASICS is seeking permanent injunctions against these companies to prevent any future sales and distribution of shoes that bear a stripe design similar to ASICS famous stripe design. In addition, ASICS is also seeking damages, including profits and attorney fees.
ASICS claims that the Roma Atletica Gawain, the Mossimo Gareth, and the Mossimo Gryph shoes, currently sold through Target stores and the company's website have stripes on them confusingly similar to ASICS Stripes.
“These shoes are an obvious attempt to free-ride on the brand image and goodwill associated with our stripe mark that we have developed over the years.” says Michael Zall, Vice President and General Counsel for ASICS America Corporation. “ASICS has spent over 40 years building a world renowned premium brand and nurturing the goodwill represented by this mark. As demonstrated by the numerous lawsuits we have brought against infringers and the success we have achieved in the courts, we will not turn a blind eye to such wrong doing.”
