Laurel Deppen
2 min read
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Steve Madden is suing Adidas for allegedly using anticompetitive efforts to monopolize “common design features” in the fashion industry, namely stripes.
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In court documents filed last week, Steve Madden asked the court to confirm that two of its sneaker designs, the Viento and Janos, don’t infringe on Adidas’ trademarks. Both are low-top, lace-up sneakers that feature two nonparallel stripes.
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Attorneys for Steve Madden said the company is “tired of being targeted by Adidas” regarding footwear that bears “no resemblance” to Adidas’ trademarked three stripe design, and further argued that no customer is likely to believe the sneakers are associated with Adidas.
Adidas has federal trademark protection on a three parallel stripe design in specific locations on certain items of clothing and shoes. Attorneys for Steve Madden said Adidas has complained about the designs on Steve Madden’s Viento and Janos sneakers, which include a “divergent band” design and a “K” design, respectively.
Adidas filed a request in April to extend its time to oppose Steve Madden’s trademark application for the K design, and its lawyers reached out to Steve Madden about concerns over the divergent band design, per the complaint.
Variations of two bands on footwear are common in the fashion industry, Steve Madden said in the complaint, which also includes images of several sneakers with two-band designs from labels including Converse, Veja, Tommy Hilfiger and Bally.
“Simply put, Adidas does not own all stripes and should not be allowed to claim that it has a monopoly on all footwear that includes stripes, bars, bands or any shape having four sides — parallel, straight or not,” attorneys for Steve Madden said in the complaint.
Adidas has sued Steve Madden over stripes before. In 2002, the Germany-based company filed one complaint over a four parallel stripe design and another one over a two parallel stripe design, per the complaint. The two lawsuits were combined, and both parties reached a settlement in 2003.
Steve Madden is seeking a jury trial in the latest complaint, which was filed in the U.S. District Court for the Eastern District of New York. The footwear brand also is asking for a declaratory judgment of non-infringement and ruling that states no unfair competition between the companies.
An Adidas spokesperson declined to comment.
Steve Madden isn’t the only brand that Adidas has targeted with litigation over its three stripe design. Adidas sued Thom Browne in yearslong litigation over the use of stripes both in the U.S. and the U.K. Ultimately, judges ruled in favor of Thom Browne in both instances.
