On June 19, Brooks Sports, Inc., filed a Notice of Dismissal voluntarily dismissing the infringement and unfair competition claims it filed in the Western District last month against Payless Shoesource, Inc., Exeter Brands Group, LLC, and Nike, Inc. Brooks had alleged that defendants’ TAILWIND shoe logo was confusingly similar with Brooks’ shoe logo. STL blogged about the suit here.
The Olympian newspaper from Olympia, Washington, reports: “The terms of the settlement are confidential. But Nike spokesman Vada Manger said the company will use a revised logo for its Tailwind products going forward.”
Here are the original shoes in question:
Before Settlement: Tailwind (top) and Brooks running shoes
(photo credit: OregonLive.com/The Oregonian)
The Oregonian’s blog, Playbooks & Profits, reports that after the settlement, defendants’ TAILWIND logo will look like this:
After Settlement: Tailwind’s new look
(photo credit: OregonLive.com/The Oregonian)
As Playbooks & Profits put it, the “Only ones who might sue over this one might be an ice-axe manufacturer.” Of course, trademark practitioners could pick that comment apart but it’s pretty amusing so I’ll leave it alone.
The case cite is Brooks Sports, Inc. v. Payless Shoesource, Inc., No. 07-0695 (W.D. Wash).