A federal judge has ruled that the ESPN, Inc. television network must face allegations of Quicksilver, Inc. that its X-Games logo violates Quicksilvers “Generation X” clothing trademark.
According to a document filed with the United States District Court, ESPN filed a complaint against Quicksilver in May of this year alleging trademark infringement and anti-dilution regarding the logo. In June, Quicksilver filed an answer, disputing many of ESPNs allegations and filing a counter-claim of trademark infringement. Quicksilver attested that ESPN turned to Quicksilver for inspiration for use of the term “X” in the mid-1990s when the company changed the names of its action sports competition from “Extreme Games” to “X-Games.”
In its request for dismissal of the counterclaims, ESPN claimed that Quicksilver fails to state a valid claim upon which relief can be granted. ESPN contends that “Nowehere in Quicksilvers pleading does it allege necessary elements of a trademark or an unfair competition claim ” ESPN attests that Quicksilver has never alleged that it owns a protectible or distinctable trademark for the logo. U.S. District Judge Colleen McMahon called ESPNs allegations that Quicksilver lacks standing to seek cancellation “utterly without merit.”
McMahon wrote that “to the courts eye, the two (logos) are similar enough that a consumer might well confuse them.” McMahon cited the Federal Trademark Dilution Act, which states that the owner of a “famous mark” is entitled to an injunction against another party using a mark that is “likely to cause dilution” regardless of whether or not there is actual confusion.
Quicksilver “has done enough to state a claim” that ESPN has infringed on the trademark, wrote McMahon.
