On March 17, 2017, athleticwear mogul Adidas filed suit against California-based clothier Juicy Couture alleging, inter alia, breach of contract and trademark infringement. See generally, Adidas Complaint.
Adidas argued that since as early as 1967, it has made exclusive use of the three-stripe mark on apparel. Adidas owns a variety of federal trademark registrations on clothing with its signature three-stripe mark, which were registered with the USPTO as early as 1997. Adidas Complaint, supra, at p. 5-8.
Adidas’ signature three-stripe mark. Adidas Complaint, supra at p. 2.
In 2008, Adidas became aware that Juicy Couture was selling athletic wear featuring a design with three parallel stripes, strikingly similar to Adidas’ signature three-stripe mark. Adidas and Juicy Couture reached a settlement in 2009 for Juicy Couture’s 2008 infringement, in which Juicy Couture agreed that it would not produce, manufacture, distribute or sell any apparel bearing a three-stripe mark, or any feature that is confusingly similar to Adidas’ signature mark.
Notwithstanding the 2009 contract and settlement, in 2016, Juicy Couture again began manufacturing and selling apparel that featured what Adidas described as “confusingly similar imitations of [its] three-stripe mark.” Adidas filed a complaint against Juicy Couture, seeking damages for Juicy Couture’s breach of the 2009 contract and settlement and trademark infringement.
Juicy Couture’s 2017 apparel that Adidas argued was “confusingly similar” to it’s signature three-stripe mark. Adidas Complaint, supra at p. 3.
In the second week of October 2017, Juicy Couture and Adidas allegedly reached a settlement to resolve, inter alia, Juicy Couture’s alleged breach of contract and trademark infringement. The settlement figure has not been disclosed.