Diadora America Inc. and Diadora S.p.A. of Italy have sued California-based Skechers U.S.A. Inc for infringing on its trademark with the launch of their Luger-Strafe sneaker.
The Italian maker of high-performance athletic shoes and apparel alleges the Luge-Strafe “bears a design mark that is substantially identical to the Diadora Logo.”
The suit claims that Skechers is deliberately placing a logo “substantially identical to the Diadora logo” on its shoes to “mislead and confuse consumers into believing that Skechers' goods are provided, sponsored, or approved by Diadora and to intentionally profit from Diadora's goodwill in the Diadora Logo.”
The lawsuit asks the U.S. District Court in Seattle to grant preliminary and permanent injunctions enjoining Skechers from using the logo or continuing to manufacture, distribute, import, circulate, sell, advertise or otherwise dispose of any product bearing a “simulation, reproduction, counterfeit, copy or colorable imitation of the Diadora Logo.”
The complaint also asks the court to order Skechers to:
- “deliver up for destruction to Diadora” all unauthorized products and advertising material bearing the infringing logo;
- recall any product bearing the logo;
- disgorge all gross profits and pay them to Diadora along with any other damages Diadora has sustained or will sustain as a consequence of the infringement.
