May 10, 2007

Riding The Trademark Tailwind

by Tamera H. Bennett
May 9, 2007

TOP: Payless/Exeter Shoe
BOTTOM: Brooks Shoe

Brooks Sports, Inc. filed a lawsuit on Friday, May 4, 2007 against Payless ShoeSource and Exeter Brands Group (a subsidiary of Nike, Inc.) alleging trademark infringement over a “boomerang” shaped logo.

According to Brooks’ Federal Trademark Registration, they have been using the logo (featured on the shoe in the bottom of the picture) in interstate commerce since July 2000. Brooks’ trademark registration is for the following goods: shoes, footwear, shirts, pants, jackets, hats, shorts, tights and T-shirts. In January 2007 Nike filed two intent to use trademark applications for a composite mark of the symbol with the words “Tailwind.”

Brooks’ complaint alleges federal trademark infringement, unfair competition under the federal Lanham Act, state unfair competition under the Washington statute; and state common law unfair competition.

Read the Complaint

About ipandentertainmentlaw

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters View all posts by ipandentertainmentlaw

This entry was posted on Thursday, May 10th, 2007 at 3:07 am and posted in Blogroll, Trademark, trademark litigation, trademark registration. You can follow any responses to this entry through the RSS 2.0 feed.