Asics and Skechers trademark dispute

Two dueling press releases caught my attention today-- because they involve trademark infringement allegations, and are from my two favorite shoe companies. ASICS, maker of athletic shoes, has sued SKECHERS, maker of "lifestyle footwear." I run marathons wearing ASICS, and prefer SKECHERS for my casual shoes. According to ASICS, they are suing

for trademark infringement, unfair competition, trademark dilution and false advertising. ASICS is seeking a permanent injunction against Skechers [sic] to prevent any future sales and distribution of shoes that bear a stripe design similar to ASICS famous stripe design. In addition, ASICS is also seeking damages, including profits and attorney fees.

The press release includes a quote from the vice president and general counsel of ASICS, Michael Zall:

"These shoes are an attempt to free-ride on the ASICS brand image and goodwill associated with our stripe mark that we have developed over the years. ASICS has spent over 40 years building a world-renowned premium brand and nurturing the goodwill represented by this mark. We will do what we must to protect the ASICS brand and to maintain its integrity."

ASICS states that their stripe mark is a registered trademark in most countries in the world. Read the full press release (Feb 5, 2007).

SKECHERS has replied with press release dated Feb 7, 2007, in which they deny all the allegations. A good legal analysis is put forth by executive vice president and general counsel of SKECHERS Philip G. Paccione:

"We believe that this lawsuit is completely without merit and will vigorously defend ourselves and our customers against such baseless allegations," says , General Counsel and Executive Vice President of SKECHERS. "Our stripe design does not look like the ASICS trademark; in fact, on the shoes in issue, our differences are patently obvious. Our designs use one horizontal stripe while ASICS uses two horizontal lines — a prominent feature of the ASICS trademark. In addition, our designs do not mimic the curves and contours of ASICS' design. There are many differences. "

Read the full SKECHERS press release.

Here are pictures of the two shoes in question:


The shoe on the left is from ASICS, and the one on the right is SKECHERS. Looking at the two side-by-side, I tend to agree with Mr. Paccione, in that the stripe patters are indeed different- there are different numbers of stripes, one is wavy and the other straight, the orientation is different... and a number of other differences.

I think it might be tough for ASICS to win this one, however this can only be determined by significant analysis- and the use of consumer surveys. This is gearing up to likely be a very long and expensive court battle.