ASICS America Corporation and ASICS Corporation Japan 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”.
Judge R. Gary Klausner, District Court Judge of the United States District Court for the Central District of California granted the motion on August 23, 2006.
“The Payless Champion shoes were designed to ride on the image and goodwill ASICS has developed over the years. The court has recognized this and acted accordingly.” 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. Payless was well aware of our heritage and our famous stripe trademark, and intentionally attempted to capture this image for use on their discount shoes.”