ASICS America Corporation and ASICS Corporation
Japan reported late last week that they
have been granted a motion for preliminary
injunction enjoining Payless Shoesource, Inc.
from infringing the ASICS Stripe Design Trademark.
The court enjoined Payless from
“ importing, exporting, selling, distributing,
offering to sell, soliciting orders for, taking
orders for, and/or advertising or promoting,
footwear bearing a design similar to ASICSs
Stripe Design Trademark and designated as
Paylesss Champion shoes and/or any and all
colorable imitation or variation thereof”.
“The Payless Champion shoes were designed to
ride on the image and goodwill ASICS has developed
over the years,” said Michael E. Zall,
VP 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. Payless was well
aware of our heritage and our famous stripe
trademark, and intentionally attempted to capture
this image for use on their discount