adidas AG may have to give the state of Oregon $82 million of its winnings in a trademark-infringement case against Payless ShoeSource. Oregon is entitled to 60% of punitive damage awards that involve state-law claims, the state's lawyer said in papers filed in federal court in Portland, OR. A federal jury on May 5 issued a $304.6 million verdict against Topeka, KS-based Payless for selling shoes that violated adidas's three-stripe trademark. The award included $137 million in punitive damages against Payless.
“The State should be granted an order memorializing its status so that it may fully participate to assert its 60% interest in the punitive damages awarded in the sum of $137,003,578,” Oregon Assistant Attorney General Frederick Ruby said in the filing.
adidas opposed Oregon's request, arguing in a June 3 filing that U.S. District Judge Garr King hasn't entered final judgment in the case. Payless also opposes Oregon's request.
