ASICS TIGER Corporation and ASICS Corporation Japan have filed suit in Federal District Court in the District of Minnesota against Target Corp. for trademark infringement, unfair competition, and trademark dilution.
ASICS is seeking a preliminary and permanent injunction against Target 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 punitive damages, profits and attorney fees. ASICS has also asked US Customs to seize such shoes being imported into the United States.
ASICS discovered through its continuous Marketplace-Monitoring Program that Target was selling through its discount stores its PROSPIRIT brand shoes, and in particular the WYAT style, having stripes identical to ASICS globally recognized ASICS(R) Stripes.
“Target’s shoes are an attempt to ride on the image and goodwill ASICS has developed over the years. By now, those that might want to tread on our rights should be getting the message — ASICS will not tolerate such actions,” says Michael Zall, Vice President and General Counsel for ASICS TIGER 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. Target is well aware of our running heritage and our famous stripe logo and are intentionally trying to capture this image for use on their low-tech discount shoes.”
Target typically charges between $22.99 to $24.99 for ProSpirit shoes. Asics shoes command much higher proce points, with typical price tags of $75 and up.
