In the midst of a larger-scale battle, which has seen Adidas has been handed a win, in the case it filed against Skechers in 2015. In a 43-page opinion, the German sportswear giant in its effort to prevent rival Skechers from manufacturing, distributing, advertising, selling, or offering for sale that are “confusingly” similar to its classic product.

In a decision from the 9th Circuit’s 3-judge panel, the court upheld a previously-issued preliminary injunction, which served to prohibit Skechers from selling shoes that allegedly infringe and dilute (i.e., lessen the distinctiveness of) Adidas’s trade dress and 3-stripe trademark.

Judge Jacqueline Nguyen stated that, “did not abuse its discretion in issuing the preliminary injunction as to Adidas’s claim the Skechers’s shoe infringed Adidas’s unregistered trade dress of its shoe.”

Adidas trade dress covers the appearance of its shoe design, including the three perforated stripes on the body of the shoe the prominent heel tab, and "a particularly flat sole," among other elements – the court held early that Adidas is likely to succeed.

The court held that the district court was correct in finding that Adidas showed a likelihood that it will succeed at trial in connection with its trademark infringement and trademark dilution claims, as well, for its wildly popular shoes. Adidas told the court that it has sold over 40 million pairs if its famous shoe worldwide of a single brand.

According to the court's decision, "Adidas is viewed by consumers as a premium brand while Skechers is viewed as a lower-quality, discount brand," and the only evidence that Adidas put forth to prove this "was testimony from Adidas employees," which the court did not find to be persuasive.

The court also took issue with Adidas' assertion that, someone else looking at a Skechers shoe might not notice the Skechers logos.

Judge Richard Clifton, on the other hand, disagreed, “well within its discretion to infer that confusion between Skechers’ ‘lower-end’ footwear and Adidas’s footwear was likely to harm Adidas’s reputation” in current world. This may relate to best Skechers walking shoe's quality & divert consumers towards other category of shoes like best loafers for men ( https://anacondaleg.com, check here).

Both Adidas and Skechers appeared in court on June 4 for the start of their trial.

An Adidas spokesman early said, “We will not stand by and allow others to blatantly copy our products,”.

Just days ahead of trial, which was slated to begin on June 4, Adidas and Skechers have managed to come to an agreement to settle the case. Counsel for Adidas, R. Charles Henn Jr. of Kilpatrick Townsend & Stockton LLP, told Law360 on Wednesday that the terms of the settlement are confidential. “All we can tell you is that the dispute has been resolved amicably,” he added.

Case details : ADIDAS AMERICA, INC., ADIDAS AG, and ADIDAS INTERNATIONAL MARKETING B.V., v. SKECHERS USA, INC., 3:15-cv-01741.

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