Adidas sues APL for shoe design infringement

Athletic Propulsion Labs founded in 2009

According to court documents, the two shoes on the left infringe on adidas's trademark. The adidas shoes are shown on the right. (Credit - Court documents)
According to court documents, the two shoes on the left infringe on adidas's trademark. The adidas shoes are shown on the right. (Credit - Court documents)

PORTLAND, Ore. (KOIN) – Adidas America Inc. has filed a lawsuit against Athletic Propulsion Labs alleging trademark infringement, unfair competition, trademark dilution and deceptive trade practices.

The lawsuit, filed Monday in U.S. District Court in Portland, claims Athletic Propulsion Labs (APL) is “designing, sourcing, manufacturing, distributing, marketing, promoting, offering for sale, and/or selling footwear bearing confusingly similar imitations of adidas’s Three-Stripe Mark.”

Adidas said it has invested millions of dollars into building its brand around the Three-Stripe Mark.

The Managing Partner for Athletic Propulsion Labs, NJ Falk, told KOIN 6 News via email, “We have no comment.”

According to the lawsuit, adidas worries that APL products are “likely to cause confusion, deceive the public regarding its source, and dilute and tarnish the distinctive qualities of adidas’s Three-Stripe Mark.”

Adidas is asking for a court to permanently order APL:

— from marketing or selling footwear bearing confusingly similar four-stripe imitations of the adidas trademark
— award adidas monetary damages and to “treble” any monetary damages award
— require APL to “disgorge” all profits from sales of the infringing footwear
— award adidas punitive damages, attorneys’ fees and costs

The company states in its lawsuit that it has used the Three-Stripe Mark and has sponsored musical artists, including Katy Perry, Selena Gomez, Snoop Dogg, Pharrell Williams and Kanye West and Blazers star Damian Lillard.

Adidas, in the lawsuit, calls the activities of APL a “blatant disregard” of adidas’s rights.

According to its website APL was founded in March 2009.

“APL’s unique sportswear is the intersection of technology, performance and fashion enabling athletes to maximize their potential in all aspects of their life,” their website states.