Skechers USA Inc. filed its own suit against Asics Corp. and Asics America Corp. for trade libel after being sued by the rival footwear maker. Skechers accused Asics of trade libel, unfair competition and “tortious interference with prospective economic advantage and economic business relations.” Tortious interference means causing harm by interfering with something belonging to someone else.
SKX is seeking an injunction against Asics, attorneys' fees and $100 million in punitive damages, as well as a declaration that none of its designs infringe upon Asics' trademarks.

“We believe that Asics has engaged in a campaign of unfair competition and trade libel against Skechers by improperly issuing press releases and filing a lawsuit to disseminate false public information about Skechers,” said Philip Paccione, general counsel of Skechers. “We also believe that these false statements were made with malice as they contradict sworn testimony of Asics' executives. These falsehoods threaten Skechers' reputation of being hip, cutting edge and original in its shoe designs, and they will interfere with customer relationships.”

On January 31, Asics said it filed suit against Skechers for trademark infringement over shoes bearing their iconic stripe design. On February 7, SKX denied the claim, saying the stripe and design of the Skechers shoe in question do not mimic the Asics trademark lines.

In a statement last week, Michael E. Zall, Asics America Corp. VP and general counsel, said, “Asics has taken legal action against numerous shoe manufacturers and retailers that try (to) capture the overall look and commercial impression of our famous Stripe Design. With respect to Skechers, we expect to prevail. A mere look at the Skechers shoes we are suing on clearly indicates that they are trying to capture the look and goodwill associated with the Asics brand.”