Before a Masters Weekend that saw the new Nike “V is for Victory” logo become almost ubiquitous on TVs across the golf world, Pony Inc. filed a trademark infringement suit against Nike Inc. in federal court in San Diego, claiming that Nike's “V is for Victory” marketing campaign imitates stylized chevron designs on Pony's footwear.
In court papers, Pony said the online advertising campaign featuring Spanish tennis player Rafael Nadal and Argentine soccer player Sergio Aguero will confuse consumers, because the 'V' slogan is similar to designs used by Pony for 35 years on sneakers. Nike golfers like Tiger Woods was sporting the new look as well.
“The key distinguishing feature of the campaign is the use of a chevron mark, which is identical or virtually identical to the registered trademarks owned by Pony,” the San Diego-based company said in its complaint.
Pony, whose shoes were worn by retired heavyweight champion Muhammad Ali and former basketball player Spud Webb, seeks unspecified money damages and a court order barring Nike from infringing Pony's trademarks.
In an e-mail to Bloomberg News, Nike spokesman Derek Kent said, “We believe the case is without merit. We will defend ourselves vigorously.”
The case is Pony Inc. v. Nike Inc., 09-cv-0676, U.S. District Court, Southern District of California (San Diego).
