Columbia Sportswear filed a lawsuit against Columbia University in the U.S. District Court for Oregon today, alleging trademark infringement, unfair competition, and breach of contract.
“The word ‘Columbia’ refers to only one thing in the minds of consumers of apparel, footwear, and related accessories: a long-standing, well-known brand that offers high-quality recreational products, clothing, and gear to consumers at accessible prices,” the company wrote in its complaint. “The University’s conduct is currently causing and/or is reasonably likely to cause substantial confusion in the marketplace.”
The university and the sportswear company tackled the problem in 2023, Columbia Sportswear says, when they signed an agreement that allowed the university to sell Columbia-emblazoned gear, as long as it also featured some of the university’s indicia, or symbols that indicate the school alone. Those indicia include a shield, a crown, a C design or Columbia’s lion mascot.
As long as the university’s merch included one of those things—or the word University, the name of a particular school at the university, or the number 1754—the sportswear company and the university could co-exist, the company says.
But Columbia University started selling shirts, hats and other items that said only Columbia, the company says, creating confusion.
“Notwithstanding this express agreement, in September 2024 Columbia Sportswear became aware of numerous apparel items for sale on the University’s webstore that used the name Columbia without any other university indicia,” the company said in the complaint.
The complaint contains numerous photographs of Columbia University clothing items that say only Columbia, including shirts, hats and visors.
“Moreover, many of these garments are, or incorporate, a bright blue color that is confusingly similar to the blue color that has long been associated with Columbia Sportswear,” the company said.
Some of the infringing garments also contain the logos for Columbia Sportswear competitors, including Nike and Champion, causing more confusion.
“A consumer looking at the infringing merchandise would reasonably be induced into believing there is an association between Columbia Sportswear and Champion to manufacture and sell the infringing merchandise, when, in fact, there is not,” the company says.
The company attempted to discuss an “amicable resolution” by reaching out to the university last September but the school did not “cure the breach”, according to the complaint. And lawyers say the school continues to sell the merchandise in question.
Columbia Sportswear is seeking jury trial and treble damages, or three times the amount of actual damages determined by a jury. It’s also seeking to probihbit any sales of clothing that breach the parties contract, the recall any products already sold and a donationg of any remaining merchandise to charity.
Columbia University hasn’t responded to the lawsuit.
Photo courtesy Columbia Sportswear