Skechers and Brooks Settle Infringement Suit Over ‘5’ Mark
Friday, September 16, 2022
by: Footwear News

Section: Member News

Skechers and Brooks have settled a trademark infringement lawsuit.

Skechers on Friday filed a notice of dismissal of the suit, which had alleged that Brooks Sports used a number “5″ mark on its shoes that was “confusingly similar” to Skechers’ “S” mark it generally uses on its sneakers.

A Brooks spokesperson confirmed the suit was settled amicably. Skechers did not return FN’s request for comment

The initial lawsuit was filed in June in a court in the Central District of California. In addition to the “5” mark, Skechers also took issue with the placement of Brooks’ mark — located on the top of the sneaker tongue and away from other designs — and said it was similar to the way Skechers displays its “S” mark.

“Brooks’ stylized ‘5’ mark is substantially identical to many of Skechers’ ‘S’ marks and is used on similar products marketed to the same consumers, making it highly likely that consumers will be confused as to whether Skechers is responsible for, distributes, has authorized or licensed, or is otherwise involved with the shoes Brooks sells,” the lawsuit alleged.

Skechers said in the initial complain that a court in Germany had already blocked Brooks from using the confusing mark there.

While now settled, the lawsuit marked yet another legal battle for both footwear entities. In July, Puma came after Brooks over its use of the word “Nitro” and for allegedly infringing on the design patent of one of its shoes.

In December, Skechers U.S.A and Easy Spirit settled a trademark lawsuit, officially ending legal battles between the two footwear entities. In 2019, Skechers moved to dismiss a preemptive lawsuit it filed against Adidas, in which it alleged that the athletic giant had fraudulently accused it of patent infringement.

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