Adidas won't Stan(d) for it

German athletic shoe manufacturer Adidas is suing California-based Fashion Nova for trade mark infringement in relation to its Stan Smith trainer. This is the second complaint made against Fashion Nova by Adidas in the last three years.

Adidas alleges trade dress infringement, unfair competition and unfair and deceptive trade mark practices. The case has been brought in a federal court in Oregon. Adidas has indicated in the complaint Fashion Nova is acting intentionally in knocking off the “iconic” Stan Smith trainer.

Adidas has identified elements of the trainer which have allegedly been replicated by Fashion Nova. Namely “a classic tennis-shoe profile with a white leather upper, three rows of perforations (the Adidas signature mark), a defined stitching across the sides of the shoe enclosing the perforations, a raised moustache –shaped coloured heel patch and a flat tonal white rubber outsole.” Adidas argues the trainer in question replicates the Stan Smith trainer and will cause confusion among customers.

The complaint comes after Adidas accused Fashion Nova of infringing its famous three stripe trade mark back in May 2019. A case is still underway in Oregon. Adidas is seeking injunctive relief and monetary damages. Fashion Nova is yet to comment.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or [email protected].