Adidas has filed a lawsuit against Skechers in the US over alleged copyright infringement of its Stan Smith style of trainers.
The lawsuit, filed in the federal court of Portland, Oregon, last week, accuses Skechers of “selling footwear in clear violation of Adidas’s incontestable rights in and to its Stan Smith trade dress, Three Stripe trademark and Supernova trademark.”
Trade dress is a form of legal protection under trademark law that applies to famous marks or designs. In order to achieve trade dress protection the goods in question must be widely recognised by the public as coming from a particular company.
According to the court documents, Adidas claims Skechers is producing a shoe that replicates “multiple elements of the Stan Smith trade dress” and is doing so in “bad faith” with the intention to trade off of Adidas’s goodwill.
Adidas alleges this is clear by the inclusion of the words “Adidas, Stan Smith and Adidas original” in the source code for the Skechers website. Searching for those terms brings shoppers to the design Adidas claims is a copy.
In a statement to Business Insider, Adidas said it “will not stand silently while Skechers copies the iconic Stan Smith shoe”.