Adidas Am., Inc. v. Skechers U.S., Inc.

4 Citing cases

  1. Blue Bottle Coffee, LLC v. Hui Chuan Liao

    21-cv-06083-CRB (N.D. Cal. May. 7, 2024)   Cited 1 times

    When the parties sell through the same retailers, courts find an overlap in marketing channels. See Adidas Am., Inc. v. Sketchers USA, Inc., 149 F.Supp.3d 1222, 1242 (D. Or. 2016).

  2. Vineyard House, LLC v. Constellation Brands U.S. Operations, Inc.

    515 F. Supp. 3d 1061 (N.D. Cal. 2021)   Cited 9 times   2 Legal Analyses

    The loss of control over one's trademarks, reputation, and goodwill is "a quintessentially irreparable injury." Adidas Am., Inc. v. Skechers USA, Inc. , 149 F. Supp. 3d 1222, 1249 (D. Or. 2016) (citing Herb Reed , 736 F.3d at 1250 ); see alsoToyo Tire & Rubber Co. v. Kabusikiki Kaisha Tokyo Nihoon Rubber Corp , 2015 WL 6501228, *4 (D. Nev. Oct. 26, 2015) (finding irreparable harm where trademark owner had "spent considerable time and effort building its reputation"); McCarthy on Trademarks, § 30:47.70 ("A likelihood of damage to reputation is by its nature ‘irreparable.’ Like trying to un-ring a bell, trying to ‘compensate’ after the fact for damage to business goodwill and reputation cannot constitute a just or full compensation.").

  3. TPW Mgmt., LLC v. Yelp Inc.

    Case No. 16-cv-03063-YGR (N.D. Cal. Oct. 25, 2016)   Cited 3 times   1 Legal Analyses
    Finding declaration of loss of control over mark not sufficient to show irreparable harm under Herb Reed

    Additionally, Yelp argues that, at least with respect to TPW's vacation home rentals and sales, its customers are likely to exercise a high degree of care given that such purchases are likely to be rather expensive. Network Automation, 638 F.3d at 1153 ("We further explained that we expect consumers searching for expensive products online to be even more sophisticated."); Adidas Am., Inc. v. Sketchers USA, Inc., 149 F. Supp. 3d 1222, 1243 (D. Oregon 2016) ("A more expensive product begets a more sophisticated customer whom courts expect to exercise a higher degree of care."). In light of Yelp's statistics regarding its users and the types of services and goods TPW offers, and in light of the Ninth Circuit's acknowledgement that the degree of care of consumers utilizing the internet has become more heightened, the Court finds on this record that the consumers of each company are likely to exercise a high degree of care.

  4. Adidas Am., Inc. v. Skechers U.S., Inc.

    No. 3:15-cv-01741-HZ (D. Or. Apr. 16, 2016)

    The Court's Preliminary Injunction Order addressed three Skechers shoes—the Cross Court TR, the Onix, and the Skechers Supernova—that adidas claimed were confusingly similar to adidas's registered trademarks and protectable trade dress. Adidas Am., Inc. v. Skechers USA, Inc., No. 3:15-CV-01741-HZ, 2016 WL 591760, at *1-2 (D. Or. Feb. 12, 2016). The Court found that adidas was likely to succeed in showing that each of the three shoes infringed on adidas's rights.