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Brooks Sues Payless and Nike Over Running Shoe Design Mark

Bothell, Wash.-based Brooks Sports, Inc., filed suit May 4 in the Western District against Payless Shoesource, Inc., Exeter Brands Group, LLC, and Nike, Inc., over the alleged infringement of its running shoe logo.

Brooks’ complaint alleges that defendants recently began manufacturing, promoting, and selling a new line of performance athletic shoes called “Tailwind.” Brooks alleges that shoes in this footwear line bear a design mark that is substantially identical and confusingly similar to Brooks’ design mark.

Photo%20Credit%20-%20www.OregonLive.Com

Confusingly similar? Tailwind (top) and Brooks running shoes
(photo credit: OregonLive.com)

Defendants have not yet answered the complaint.

The case is captioned as Brooks Sports, Inc. v. Payless Shoesource, Inc., No. 07-0695.

Posted on May 9, 2007 by Registered CommenterMichael Atkins in , | Comments2 Comments

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Reader Comments (2)

This is weird. Exeter is a subsidiary of Nike, and entitled to use the Nike swoosh design--which appears to be what is in use on the "Tailwind" product. The big question is, Why hasn't Nike stopped Brooks from using the "boomerang" symbol, which seems to be quite similar to the Nike swoosh?
May 14, 2007 | Unregistered CommenterR C Cumbow
... because the 'swoosh' represents simply a 'figurative check-off' - whereas the 'boomerang', as captured properly, is of substantially different design, which may not be monopolized 'in kind' by anyway.
June 5, 2007 | Unregistered CommenterDr. H. Schmidt

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