Adidas told an Oregon federal court on Friday that Juicy Couture is plainly infringing on a long-held trademark covering its three-stripe design with a line of track-style pants and jackets that include “confusingly similar” striped side panels. The suit comes around the same time Adidas launched patent infringement litigation against Asics over fitness tracking technology and litigation against Puma, also over its use of stripes.
The German company claims Juicy’s “infringing apparel imitates Adidas’s three-stripe mark in a manner that is likely to cause consumer confusion and deceive the public regarding its source, sponsorship or affiliation” of the merchandise, according to its complaint.
“Juicy Couture’s actions are irreparably harming Adidas’ brand and it’s extremely valuable three-stripe mark,” the company added.
Adidas also noted that Juicy Couture has “indisputable knowledge” of the trademark at issue because the brands have already battled over the stripes and came to a settlement agreement in 2009, with Juicy Couture acknowledging Adidas’ rights to the stripe trademark and agreeing not to use the mark in its designs going forward.
Nevertheless, the Adidas claims that Juicy Couture “recently” began selling the allegedly infringing items. Adidas singled out a jacket with a stripe design down the sleeves currently selling for $168 online and a printed track pant with a similar stripe design down the legs currently selling for $128 as examples of infringing Juicy Couture product.
Given the alleged agreement between the brands, Adidas is suing for breach of contract as well as trademark infringement and dilution and unfair competition.
Adidas is seeking a permanent injunction against Juicy Couture and its sale of the allegedly infringing products, along with unspecified treble and punitive damages.
A representative of Juicy Couture’s parent company, Authentic Brands Group, could not be reached for comment.
Adidas is no stranger to vehement defense of its intellectual property and has taken many brands to court over its three-stripe design, including Marc Jacobs and Michael Kors, along with Puma, Ecco and Forever 21, among others, often more than once.
Earlier this month, Forever 21 decided to turn the tables and file suit against Adidas for being a trademark “bully.” The retailer withdrew its complaint after learning that Adidas intends to bring another suit against it in Oregon, saying it will bring the allegations as counterclaims in that action instead.
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