Adidas is upping the ante in an existing battle against Fashion Nova with a new lawsuit. Following the filing of a trademark infringement and dilution lawsuit against the Southern California-based fast fashion giant in May 2019 for allegedly infringing on its famous three-stripe trademark through a line of clothing, a Still pending in federal court in Oregon, adidas has filed a new lawsuit against Fashion Nova. This time, adidas is accusing Fashion Nova of infringement, unfair competition and unfair and deceptive trade practices in the same court over its sale of a sneaker that allegedly co-opted the design of its Stan Smith, which adidas says is “one of the most iconic shoes in history.
In the lawsuit it filed on March 2, adidas alleges that “recently – and in the midst of a trademark lawsuit alleging Fashion Nova’s infringement of the three-stripe mark – Fashion Nova intentionally dropped the dress commercial Stan Smith”. According to adidas, the Stan Smith commercial dress consists of a combination of “non-functional” and source identification elements, namely, “a classic tennis shoe profile with a white leather upper, three rows of perforations ( in the famous three-stripe pattern), defined stitching on the sides of the shoe surrounding the perforations, a colorful raised mustache-shaped heel patch (which is often green), and a flat tonal white rubber outsole .
Although they have “a multitude of alternate sneaker designs they could use,” contestants “imitate elements of Stan Smith’s iconic business dress. [in an] in an attempt to sacrifice his enormous goodwill and siphon off adidas sales. And that’s precisely what happened here, according to adidas, who claim that Fashion Nova has “committed another flagrant violation” by coming up with a sneaker that “imitates every element of the Stan Smith commercial dress and has an overall appearance that Confusingly resembles the Stan Smith trade dress.Adidas says Fashion Nova was “aware that the sale of the counterfeit Stan Smith would likely confuse consumers and dilute adidas’ rights to the Stan Smith trade dress. Smith”, and chose to sell the sneaker anyway, showing “a callous disregard for the rights of adidas.
Exposing claims of trade dress infringement, unfair competition, unfair and deceptive marketing practices, adidas argues that it is likely to prevail in its claims because the same court previously sided with it in a trademark case centered on Stan Smith’s business presentation. In that vein, Adidas cites a decision of the U.S. District Court for the District of Oregon in a case it previously filed against Skechers, which found that adidas was “likely to succeed in establishing its right to enforce.” . . the unregistered Stan Smith trade dress [and] also likely to succeed in showing that Skechers shoes infringe adidas trademarks and trade dress.
“The same is true here,” asserts adidas, asserting that “any reasonable observer could see the striking similarities between the Stan Smith commercial dress and the Fashion Nova knockoff. Indeed, in many ways, the Fashion Nova knockoff is even closer to the Stan Smith commercial dress than the Skechers version sold six years ago.
With that in mind, adidas is seeking an injunction permanently restraining Fashion Nova from “marketing or selling footwear using or wearing similar and confusing imitations of Stan Smith’s commercial attire,” damages, and an order requiring Fashion Nova to return all its profits. of its sales of the alleged counterfeit Stan Smith.
Fashion Nova declined to comment on the retrial.
The case is Adidas America, Inc v. Fashion Nova, Inc., 3:22-cv-00344 (D. Or.).