Brooks Sports Inc. Friday filed a request for a judgment that its upcoming line of PureProject sneakers does not infringe on its larger rival Adidas AG’s trademarked Adipure shoes.
Known for its running footwear and apparel, Brooks filed the suit in the Western District of Washington, in response to a cease-and-desist letter sent by Adidas in March, which demanded that the plaintiff stop all use of the term “pure” in connection with advertising, marketing or selling of athletic footwear, or else it would press charges.
Brooks responded with a letter later that month, explaining that the German activewear company “does not own any rights in the word ‘pure,’ alone, for footwear.”
After several exchanges, Brooks filed a complaint, explaining that the use of the word “pure” is not exclusive and that it does not cause consumer confusion. The Bothell, Wash.-based company further explained that it registered several PureProject marks in December, and that its shoes have distinctive names and designs that differentiate it from Adipure sneakers.
Brooks is looking for a declarative judgment that underscores that it has not infringed on Adidas’ trademark rights, including its rights to the “Adipure” mark or the word “pure.” It also seeks costs, disbursements and attorneys’ fees.