Santa Ana, CA – Asics’ trademark is comprised of two horizontal curved stripes intersected by two parallel vertical stripes, which trademark is registered with the U.S. Patent & Trademark Office. Asics has used the stripe design trademark on shoes and apparel – for over forty years – since 1966 and has previously sued Dolce & Gabbana and Steve Madden for using stripe designs that allegedly infringed the trademark.
Skechers is accused of selling over sixty different shoe styles having the same stripe design as the common denominator. The complaint asserts the following causes of action: (1) Federal trademark infringement 15 U.S.C. § 1114 [Lanham Act §32(1)]; (2) Federal unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Lanham Act dilution of famous trademark under 15 U.S.C. § 1125(c); (4) Trademark infringement under California law [Cal. Bus. & Prof. Code § 14320]; (5) Trademark infringement under California common law; (6) Trademark dilution under California law [Cal. Bus. & Prof. Code § 14330]; (7) False advertising under California law [Cal. Bus. & Prof. Code §§ 17500, 17535]; and, (8) Unfair competition under state law [Cal. Bus. & Prof. Code §17200 and §17203]. The case is Asics Corporation, et al. v. Skechers U.S.A., Inc., SACV10-00636 AHM (C.D. Cal. 2010).