Asics Sued Dolce & Gabbana For Trademark Infringement Over Shoes With Stripes In Los Angeles

Los Angeles, CA – Trademark attorneys for Asics filed a trademark infringement, trademark dilution and Lanham Act 43(a) unfair competition lawsuit against Dolce & Gabbana at the Los Angeles Federal District Court. Asics has registered numerous trademarks with the U.S. Patent & Trademark Office for its stripe design having two relatively parallel vertical stripes intersected by two curving stripes connected at one end. Asics has used the stripe design trademark on shoes and apparel – for over forty years – since 1966.

Asics also asserts that it has widely advertised and promoted its products with the stripe design trademark through numerous and diverse advertising media, including print, television and the Internet. Asics’ print advertising is alleged to have the following “look for” advertising: “The stripe design featured on the sides of ASICS shoes is a trademark of ASICS Corporation and is a registered trademark in most countries of the world.”

Asics alleges that Dolce & Gabbana is “selling shoes under its D&G line bearing a mark that infringes ASICS’ famous Stripe Design mark at retail shoe stores and via the Internet.” The complaint continues, on information and belief, that Dolce & Gabbana has “engaged in intentional infringement by designing shoes that include a stripe design that is confusingly similar to ASICS’ famous Stripe Design.” The complaint identifies five different Dolce & Gabbana shoes which bear the allegedly confusingly similar stripe design. The complaint asserts the following causes of action: (1) Federal trademark infringement 15 U.S.C. § 1114 [Lanham Act §32(1)]; (2) Federal unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Lanham Act dilution of famous trademark under 15 U.S.C. § 1125(c); (4) Trademark infringement under California law [Cal. Bus. & Prof. Code § 14320]; (5) Trademark infringement under California common law; (6) Trademark dilution under California law [Cal. Bus. & Prof. Code § 14330]; (7) False advertising under California law [Cal. Bus. & Prof. Code §§ 17500, 17535]; and, (8) Unfair competition under state law [Cal. Bus. & Prof. Code §17200 and §17203]. The case is titled Asics Corporation v. Dolce & Gabbana, CV08-06407 AHM (C.D. Cal. 2008).