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12 May 8:32 pm by Michael Atkins
... left) and Topline's allegedly infringing four-stripe shoe On May 11, Adidas America, Inc., filed a trademark infringement lawsuit in the Western District against Bellevue-based shoe maker The Topline Corporation. Adidas alleges that Topline's two- and four-stripe shoe designs infringe Adidas' ... in the District of Oregon, which last year resulted in a $305 million jury verdict in Adidas' favor (later reduced to $65 million). Topline is no stranger to the Western District. In ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
16 Sep, 2008 2:53 am by Michael Atkins
... 12, the District of Oregon explained the mysterious "juror letter" in the Adidas America, Inc. v. Payless Shoesource, Inc., trademark infringement case and found that it did not ... 's 29-page decision on Payless' motions for a new trial also reduced Adidas' $305 million award - said to be the largest ever in a trademark infringement case - to $65 ... 19.7 million. It also denied Payless' motion for a new trial if Adidas accepted a remittitur of the punitive damages award to $15 million. Court's cryptic ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
6 May, 2008 9:59 pm by Michael Atkins
... 5, a nine-person jury in the District of Oregon found Payless Shoesource, Inc., liable for infringing Adidas America, Inc.'s three-stripe trademark and awarded ... Question No. 9, state the amount of Payless's profits that should be awarded to adidas, if any. $137,003,578 11) Concerning a possible award of punitive ... find that Payless has acted with malice, or in wanton and reckless disregard of the rights of adidas, or if deterrence is called for and Payless's conduct is particularly aggravated? X ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
26 Jun, 2008 1:25 am by Michael Atkins
... juror letter" and sealed court records suggest something's gone awry in the Adidas v. Payless Shoesource case that resulted in what reportedly was the largest damages award ever in ... juror letter" say? Did it disclose juror misconduct? Attorney misconduct? Is it going to unravel Adidas' $300 million victory? Even if it is, why all the secrecy? Is John Grisham ... writing the court's docket entries? The case cite is Adidas America, Inc. v. Payless Shoesource, Inc., No. 01-1655 (D. Or.) (King, J.). STL ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
12 May, 2008 8:39 pm by Michael Atkins
... see juror notes become a part of the docket in the recently-decided case of Adidas America, Inc. v. Payless Shoesource, Inc. As many will recall, an Oregon jury last week found Payless' use of two- and four-stripe designs for athletic shoes infringed Adidas' three-stripe design for its competing athletic shoes. In an undated note to District of Oregon Judge Garr M. King, a juror asked: "If this case was found for adidas, would adidas own 2 and 4 stripes?" The court's response: "The legal ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
18 Sep, 2008 3:22 am by Michael Atkins
... bite - a rundown on how the District of Oregon analyzed the dilution claim in Adidas America, Inc. v. Payless Shoesource, Inc. The unhappy Payless moved for a new trial based in part ... not to indicate source - so the jury's finding that Payless had diluted Adidas' three-stripe mark was not supported in the law. Indeed, the court apparently found ... Payless' use of two and four stripes as a trademark so that the value of the mark to adidas is diluted. This can occur even if Payless does not put a nickel ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
12 Feb 9:40 am
... enough to award attorney's fees. See adidas America, Inc. et al v. Payless ShoeSource, Inc., 2009 U.S. Dist. LEXIS 9482 (D ... jury's award of punitive damages for acting with malice or in wanton and reckless disregard for adidas' rights merited a finding that this case was an "exceptional case" for purposes of 15 U.S.C ... an exceptional case and because such prejudgment interest is not necessary to make adidas whole from this infringement. So let this be a lesson to those plaintiff's attorneys who so ...
Las Vegas Trademark Attorney - http://www.vegastrademarkattorney.com/
5 Aug, 2008 3:45 pm by Joe Mullin
... parallel stripes in a manner likely to be confused with the Three-Stripe Mark," according to a letter Adidas lawyers sent last year and attached to their complaint. (emphasis mine ... gun e-mails. Payless executives described the allegedly infringing shoes as 'knockoffs' of Adidas shoes. Other e-mails record Payless employees instructing overseas manufacturers ... award ever in a trademark case, according to the winning lawyers. The new case is Adidas America, Inc. v. Wah Lei Footwear, et al., 08-04969-JW ...
The Prior Art - http://thepriorart.typepad.com/the_prior_art/
18 Aug, 2008 8:08 am by Milord A. Keshishian
... and mislead prospective purchasers and purchasers into believing that shoes sold by Defendants is manufactured by, authorized by, or in some manner associated with Adidas, which it is not. The likelihood of confusion, mistake, and deception engendered by Defendants' misappropriation of Adidas's mark is causing ... § 17200; and, (5) Common law trademark infringement and unfair competition. The case is titled Adidas America, Inc. v. Wah Lei Footwear (U.S.A.) Corporation, et al., CV08-04969 JFW (C.D. ...
Los Angeles Intellectual Property Trademark Attorney Blog - http://www.iptrademarkattorney.com/
14 May, 2008 9:20 pm by Michael Atkins
By popular demand, here are the jury instructions in the Adidas America, Inc. v. Payless Shoesource, Inc. case. All 60 pages of them. The ten pages of instruction on dilution start on page 38. Besides a reader's request for the instructions on dilution, everyone is commended to ... , likelihood of confusion, unfair and deceptive practices, dilution, and damages. This is good stuff. The case cite is Adidas America, Inc. v. Payless Shoesource, Inc., No. 01-1655 (King, J.).
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
16 Nov 8:34 pm by Michael Atkins
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 ... 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.).
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
1 Oct, 2008 1:52 pm by Marty
Adidas America, Inc. et al v. Target Corporation Oregon District Court Filed: September 30, 2008 Plaintiff: Adidas America, Inc., Adidas AG Defendant: Target Corporation Case Number: 3:2008cv01140 The complaint is 79 pages full of pictures of three striped and four striped shoes and my computer didn't want to bother with it.
The Trademark Blog - http://www.schwimmerlegal.com/
6 May, 2008 1:51 pm
The Portland Business Journal reports that "A Portland jury awarded Adidas America Inc. nearly $305 million in a trademark infringement case late Monday. 'It's my understanding that, if it's not the largest, it's one of the largest trademark infringement verdicts ever,' said Stephen Feldman, an attorney with Perkins Coie who helped represent Adidas. In the case, Adidas alleged that Payless infringed on its patented three-stripe design. The verdict included $30.6 million in actual damages, $137 ...
California Punitive Damages - http://calpunitives.blogspot.com/
19 Oct 9:52 pm by Michael Atkins
In Adidas America, Inc. v. Calmese, District of Oregon Magistrate Judge Janice Stewart recommended that the court grant Adidas' motion for summary judgment that its use of "prove it" does not infringe defendant Michael Calmese's PROVE IT! registered trademark but that ... Judge erred when she denied summary judgment to Plaintiff on its claim for a declaration of non-false designation of origin." The case cite is Adidas America, Inc. v. Calmese, __ F.Supp.2d __, 2009 WL 3254348, No. 08-91 (D. Or. ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
18 Feb, 2008 8:33 am by Rebecca Tushnet
adidas America, Inc. v. Payless Shoesource, Inc., -- F. Supp. 2d --, 2007 WL 4482201 (D.Or.) This product design trade dress infringement case resulted in several rulings of general applicability. Surveys: ... If it survives, it's limited to product features that don't serve any source-identifying function. Since adidas is attempting to protect its distinctive trademark, the doctrine is inapplicable. (Comment: this is the same reasoning that the Supreme Court rejected in KP Permanent, another case ...
43(B)log - http://tushnet.blogspot.com/index.html
18 Sep, 2008 8:26 am by Rebecca Tushnet
Adidas America, Inc. v. Payless Shoesource, Inc. (D. Or.) A couple of interesting rulings out of the district court's decision to deny a new trial on damages, conditioned on adidas's acceptance of a substantial remittitur. On ... . For example, it didn't deduct the royalty as an expense of selling the shoes, which meant its calculations included a double recovery. The adidas expert argued for $208 million in profits, but admitted that a commonly used measure would result in a figure of $19 million, ...
43(B)log - http://tushnet.blogspot.com/index.html
8 May, 2008 12:01 am
... better came out, we just didn't know. The first "modern" basketball shoe was the Adidas Superstar. I think they cost thirty dollars, which my parents thought was ... special order really ugly green suede (were they suede or were they leather?) Adidas. This told everyone that I may be White, but I can play. While wearing those shoes, ... Trademark Blog, an Oregon Federal Court jury just found Payless Shoesource, Inc., liable for infringing Adidas America, Inc.'s three-stripe trademark and awarded Adidas ...
Tags: Legal, News
China Law Blog - http://www.chinalawblog.com/
7 May, 2008 9:45 pm by Lori Bauman
... Shoesource, Inc. to pay more than $304 million in damages to Adidas America, Inc., for trademark infringement. The federal court jury in Portland found that 267 Payless shoe styles infringe on Adidas' trademarks. The infringing styles included shoes with 2 and 4 stripes, and not just the 3-stripe design long associated with Adidas. The verdict, consisting of $30.6 million in actual damages, $137 million in punitive damages, and $137 million in Payless profits, ...
Oregon Business Litigation - http://www.aterwynneblog.com/oregon_business_litigatio/
29 Jun, 2008 10:04 pm by Michael Atkins
... frequent in the United States than they are anywhere else." Indeed, many states allow punitive damages in state-law trademark claims. For example, the District of Oregon jury's recent award of $305 million in Adidas America, Inc. v. Payless Shoesource, Inc., included $137 million in punitive damages. (STL post here; jury verdict form here.) While Exxon Shipping's limit of punitive damages to the amount of compensatory damages in some ...
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
30 Jun 3:32 pm
... any claims would be resolved in the courts of Amsterdam. The case is Baker v. Adidas America, Inc. Plaintiff, who had sued in federal court in North Carolina, argued that she ... decision today concerned whether Plaintiff, a professional tennis player who was a minor when the contract with Adidas was signed by her agent, had acted promptly enough to disaffirm the agreement after ... Circuit said that she hadn't, because her agent had accepted payments from Adidas after she turned 18, and she didn't inform ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
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