As folks may remember, Adidas America, Inc., sued The Topline Corp. in the Western District for trademark infringement. (STL post here.)
Looks like the parties have settled.
On Nov. 13, they filed a proposed Permanent Injunction on Consent and Stipulated Dismissal, which will dismiss the parties’ claims and counterclaims against each other. It also defines the two-, three-, and four-stripe designs that Topline will be permanently enjoined from using (such as those depicted above), including:
- “[T]hree straight stripes of the same type (irrespective of color), all of which have fifteen degrees or less between any adjacent stripes on a men’s size 9 shoe (or of a corresponding degree accounting for the gradation of other sizes), the stripes being formed by contrasting colors, lines of stitching, fabric, perforations, raised or depressed portions, serrated or non-serrated, of substantially equal width (that is, within 20%) and substantially equal and uniform spacing …, extending across the shoe upper….;
- “[T]wo straight stripes of the same type (irrespective of color), with fifteen degrees or less between the stripes on a men’s size 9 shoe (or of a corresponding degree accounting for the gradation of other sizes)….;
- “[F]our straight stripes of the same type (irrespective of color), all of which have fifteen degrees or less between any adjacent stripes on a men’s size 9 shoe (or of a corresponding degree accounting for the gradation of other sizes)….;
- “[T]wo, three or four stripes of the same type (irrespective of color) formed as described … above, serrated or non-serrated, of equal width and spacing, that are angled forward and extending across the mid-foot portion of the shoe upper toward the sole, which are slightly curved, and which do not include one or more stripes or other linear marking extending across the stripes that are more prominent than the two, three or four stripes….”
The injunction, of course, won’t take effect unless and until it’s signed by the court.
The case cite is Adidas America, Inc. v. Topline Corp., No. 09-646 (W.D. Wash.).