Brooks Sports reported last Friday that it had filed a lawsuit against Nike, Inc., Exeter Brands Group, LLC and Payless ShoeSource, Inc., citing significant trademark infringement and unfair competition relative to the Tailwind athletic footwear line. Brooks alleges that the Tailwind brand, which is produced by Nike subsidiary Exeter Brands Group and sold exclusively at Payless ShoeSource, bears a “remarkable resemblance” to the Brooks Sports logo. In addition, Brooks claimed that the design of the Tailwind G Zone shoe is “strikingly similar to the Brooks Trance 5 and is marketed as a running shoe.”
“Brooks high-performance footwear is well known and trusted throughout the running community,” said Jim Weber, CEO of Brooks Sports. “As such, we have a loyal base of customers with strong ties to our brand”
Under the claim, filed in the U.S. District Court for the Western District of Washington, Brooks Sports is requesting that the defendants permanently cease using the infringing logo, recall all Tailwind labeled goods, packages and materials, and abandon the U.S. Trademark application of the Tailwind brand.