Asics America Corporation and ASICS Corporation Japan announced that they have filed a lawsuit in the U.S. District Court, Central District of California against Skechers USA, Inc. for trademark infringement, unfair competition, trademark dilution and false advertising.
ASICS is seeking a permanent injunction against Skechers to prevent any future sales and distribution of shoes that bear a stripe design similar to ASICS' famous stripe design. In addition, ASICS seeks damages, including profits and attorney fees.
This will be the second suit in three years filed by ASICS against Skechers based on Skechers' infringement of the ASICS' Stripe Design mark. The first lawsuit was settled [ASICS Corp. et al v. Skechers U.S.A. Inc., Civil Action No. 8:07-cv-00103-AG-PJW (C.D. Cal. 2007)].
The current Complaint includes a list of numerous Skechers shoes that ASICS claims have stripes that are confusingly similar to ASICS' globally recognized Stripe Design mark.
“ASICS has spent over 40 years building a world renowned premium brand and nurturing the goodwill represented by this mark,” says Michael Zall, Vice President and General Counsel for ASICS America Corporation. “We will do what we must to protect the ASICS brand and to maintain its integrity.”