ASICS America Corporation and ASICS Corporation Japan have been granted a preliminary injunction against Wanted Shoes, Inc. for trademark infringement for the sale by Wanted of shoes that bear a stripe design similar to ASICS famous stripe design. These shoes were sold to Sears and others and are being sold under the name SIZZLE, SLEEKS, STATICS and under the Sears COVINGTON brand.
Judge Alicemarie Stotler, District Court Judge of the United States District Court for the Central District of California-Southern Division granted the injunction on January 05, 2005, after a hearing.
ASICS discovered Wanteds infringement through its continuous Marketplace-Monitoring Program. “Wanteds shoes were designed to ride on the image and goodwill ASICS has developed over the years. They and others, who might be so inclined, have been given a clear message that ASICS will aggressively protect its rights.” says Michael E. 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 stripe mark. Wanted was well aware of our heritage and our famous stripe trademark, and intentionally attempted to capture this image for use on their discount shoes. Not only will ASICS obtain a permanent injunction against Wanted for infringing our rights, but more importantly we will be seeking damages including Wanteds profits and our costs for this litigation, e.g., attorney fees. Wanted, and those similarly inclined, will not be permitted to infringe our trademark and merely walk away and say Were sorry.”
