On July 27, athletic shoe maker Diadora S.p.A. and its Kent, Wash.-based subsidiary, Diadora America, Inc., filed suit in the Western District against Payless Shoesource, Inc., for trademark infringement, dilution, and unfair competition over Payless’ competing shoe logo. It is only five weeks since Payless settled a case with Brooks Sports, Inc., involving similar allegations. (STL’s coverage of that suit here and here.)
Diadora’s complaint alleges that in the last sixty days, Payless began manufacturing, promoting, offering for sale, and selling a new line of shoe called the CHAMPION® Idol Athletic that is substantially identical to Diadora’s shoe logo.
Diadora’s logo (top) and Payless’ allegedly infringing logo
The complaint states: “Diadora’s advertising and promotional activities involving its products bearing the Diadora Logo have been continuous and have been for the purpose of acquainting the public with the excellent quality of Diadora’s products so that consumers may, with knowledge and confidence, purchase and use products bearing the Diadora Logo. As a result, Diadora products bearing the Diadora Logo are well known, and the Diadora Logo has come to be and [is] recognized by the public as indicating that the products bearing the Diadora Logo originate with Diadora.”
Diadora further alleges: “Payless’ use of the Infringing Logo, a mark substantially identical and therefore confusingly similar to the Diadora Logo, in a similar manner in connection with identical and highly related goods, constitutes trademark infringement” of its registrered trademarks including Reg. No. 1,324,537 (depicted above).
Payless has not yet answered Diadora’s complaint. It appears that Payless has removed references to the subject she from its Web site.
The case cite is Diadora S.p.A. v. Payless Shoesource, Inc., No. 07-1171 (W.D. Wash.).