At first glance, would you think the shoes on the right were created by German sportswear manufacturer, adidas? adidas has trademarked the three parallel stripes on everything from shoes to apparel to accessories, and the company has a reputation of being litigation-happy with any company using their marks or its patented ideas! Last month, Puma, the German athletic and casual wear manufacturer, released the limited edition evoPOWER Vigor Camo soccer cleats with four parallel stripes on its sides.
“Puma’s use of four diagonal stripes on the side of the Infringing Cleat is a blatant attempt by Puma to trade on the goodwill and commercial magnetism adidas has built up in the Three-Stripe Mark and to free-ride on adidas’ fame as a preeminent soccer brand,” states the complaint filed by adidas.
adidas has used the three stripes on its shoes for more than 60 years, since its inception in 1948. In the filing, Adidas states “the infringing cleat imitates Adidas’ three-stripe mark in a manner that is likely to cause consumer confusion and deceive the public regarding the source, sponsorship, and/or affiliation of that footwear”. The lawsuit also states that sales of the latest Puma cleat is “unlawful and is causing irreparable harm to Adidas’ brand”.
The feud between the two brands didn’t start over this pair of shoes, but almost a century ago. In the 1920’s, brothers, Adi and Rudi Dassler, operated Dassler Brothers Sports Shoe Company, in Herzogenaurach, Germany together. The American track and field athlete, Jesse Owens, wore their shoes and won four gold medals, during the 1936 Olympics! With the company’s success, came tension. In 1948, the brothers went their separate ways. Adi combined his first and last name, and changed the company name to adidas. Rudi started his own company and named it Ruda, which combined his full name as well. He eventually changed it to Puma. The two companies operated on opposite sides of Herzogenaurach, and this divided the city. People that worked for one company stayed faithful to that brand. This is a division that they took to their graves. The brothers are buried in the same cemetery, but as far apart from each other as possible.
Back to the suit. adidas requests that the court stop Puma from distributing, marketing, and selling this cleat, award adidas monetary damages, and require Puma to disgorge all its profits, as well as punitive damages, attorneys’ fees, and costs.
#OwnYourMark #MakeYourMark
Written by: Teresa Nguyen