If you own a business in the U.S., the term trademark infringement might already make you nervous — and for good reason. One of the most illustrative examples of trademark infringement in recent years comes from the well-known case of Adidas America, Inc. v. Skechers USA, Inc..
1. What Is Trademark Infringement?
Before diving into the case, let’s make sure we understand trademark infringement. design, or name — that is so similar to another registered trademark that consumers are likely to be confused about the source of the goods or services.
it doesn’t require proof that someone was actually misled; it only matters that there is a likelihood of consumer confusion. This can include:
- Similar logos or branding
- Confusingly similar product designs
- Copying slogans or trade dress (the overall look and feel of a product)
The purpose of U.S. trademark law is to prevent trademark infringement, protect brand reputation, and ensure that consumers know exactly which company makes a product.
2. How the Adidas vs. Skechers Dispute Started
Adidas is famous for its “Three-Stripe” design, which is a registered trademark and a core part of its brand identity. Skechers, another shoe company, released several sneakers that included stripe designs on the sides, which Adidas claimed were confusingly similar.
Adidas filed a lawsuit in the U.S. District Court for the District of Oregon in 2015, claiming trademark infringement. They argued that Skechers’ stripes could make consumers mistakenly believe the shoes were made, endorsed, or licensed by Adidas.
Skechers countered that their designs were sufficiently different and that stripes are a common design element in shoes, which should not constitute trademark infringement.
3. Evidence Presented
In cases like this, evidence is crucial. Adidas submitted:
- Proof of its registered trademarks for the Three-Stripe design
- Examples of Skechers’ shoes that allegedly copied the stripe design
- Market surveys showing consumer confusion
Records of prior warnings sent to Skechers about potential infringement
Skechers, defending against trademark infringement, presented:
- Comparisons highlighting differences in stripe placement and number
- Arguments that stripes are functional or generic in the sneaker industry
- Evidence that consumers could distinguish the two brands
The court had to weigh whether Skechers’ products were likely to cause confusion — the central question in any trademark infringement case.
4. Court Findings and Injunction
After reviewing the evidence, the court concluded that Skechers’ use of stripe designs constituted trademark infringement. The decision was based on:
- Likelihood of consumer confusion
- Strength and distinctiveness of Adidas’ trademark
- Previous warnings and agreements between the companies
The court issued an injunction against Skechers, prohibiting sales of the specific shoes that were found to infringe Adidas’ trademarks. This ruling reinforced that even subtle similarities in design can be legally considered trademark infringement.
Interestingly, the case also highlighted that proving trademark infringement isn’t just about logos or brand names. Product design, color patterns, and trade dress can all be protected.
5. Lessons Learned About Trademark Infringement
The Adidas vs. Skechers case offers several lessons for U.S. business owners:
a. Trademark infringement can happen in subtle ways
Even small design elements like stripes can trigger a trademark infringement claim if they create confusion.
b. Documentation matters
To enforce your rights, you need records of trademark registration, usage, advertising, and prior communications with potential infringers.
c. Acting quickly is critical
If you suspect someone is misusing your trademark, prompt action—like sending a cease-and-desist letter—can protect your rights and prevent further damage.
d. Consider legal counsel
Trademark law can be complicated. A qualified lawyer can help you assess if an issue qualifies as trademark infringement, draft enforcement letters, and, if necessary, guide you through litigation.
6. How Businesses Can Prevent Trademark Infringement
1. Register your trademarks
Use the U.S. Patent and Trademark Office (USPTO) to register logos, names, and product designs. Registration strengthens your case in any claim involving your trademark.
2. Monitor the marketplace
Regularly check competitors, online marketplaces, and social media for potential unauthorized use of your brand. Early detection is cheaper than litigation.
3. Educate your team
Ensure that employees, partners, and licensees understand what actions could violate your trademark rights to avoid accidental legal issues.
4. Use proper trademark symbols
Use ® for registered trademarks and ™ for unregistered marks. This signals legal protection and discourages potential infringers.
5. Keep records
Document your brand’s launch dates, marketing campaigns, and product designs to support any future trademark infringement claims.
7. Practical Advice If You Encounter Trademark Infringement
If you believe someone is infringing your trademark:
- Document everything – screenshots, purchase records, marketing materials
- Consult a lawyer – an experienced trademark attorney can assess the case and advise on next steps
- Send a cease-and-desist letter – often resolves disputes without going to court
- Consider settlement or litigation – weigh cost, time, and potential outcomes before pursuing legal action
Remember, trademark infringement cases are not just about money; they’re about protecting your brand’s reputation.
8. Conclusion
The Adidas vs. Skechers case is a clear example of how trademark infringement works in practice. It shows that:
- Even large, established brands can face infringement issues
- Small design similarities can lead to legal disputes
- Early action, documentation, and proper registration are essential
For U.S. business owners, understanding trademark infringement is crucial. Protect your brand early, monitor your market, and act quickly if you suspect infringement. Your trademark isn’t just a logo—it’s your reputation and your competitive advantage.
