Nike, Inc. has filed suit against Eastern Mountain Sports (EMS) over the retailers use of the DRI-FIT mark in e-commerce operations. Specifically, Nike took offense at EMS’ use of DRI-FIT in paid search-term-based advertisements on Internet search engines. Nike noted that a user searching for Dri Fit, might click on the EMS advertisement and be taken to EMS’ website to buy Techwick clothing, but not any DRI-FIT product.

Nike seeks compensatory damages in the case as well as an injunction against EMS to prevent future use of the DRI-FIT mark in any advertisement for the sale of any product other than DRI-FIT.