adidas America, Inc. et al v. Skechers USA, Inc.
| Adidas International Marketing B.V., adidas AG and adidas America, Inc. |
| Skechers USA, Inc. |
| 3:2015cv01741 |
| September 14, 2015 |
| U.S. District Court for the District of Oregon |
| Portland (3) Office |
| John Jelderks |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
| Plaintiff |
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Filing
184
OPINION & ORDER: With respect to the parties' substantive trademark disputes, the Court rules as follows: The Court DENIES Skechers's motions for summary judgment regarding adidas's trademark infringement claims as to all of the disputed footwear. The Court GRANTS adidas's motions for summary judgment on Skechers's functionality affirmative defense as to the Stan Smith TradeDress and on Skechers's descriptive fair use defense as to the Supernova Mark. The Cou rt also GRANTS adidas's unopposed motion that the parties' 1995 Agreement is valid and has not been superseded.The Court makes the following rulings regarding the parties' remedy disputes: The Court GRANTS in part adidas's moti on that Skechers cannot reduce its profits using overhead costs that it did not actually incur. The Court RESERVES ruling on adidass motions that Skechers cannot deduct income tax expenses from its profits. The Court GRANTS adidas's motions that Skechers cannot reduce its profits by using a royalty rate theory or its likelihood of confusionsurvey results. Lastly, the Court DENIES Skechers's motion that adidas cannot claim reasonable royalty rate damages. Signed on 8/3/2017 by Judge Marco A. Hernandez. (Related documents: Motion for Partial Summary Judgment and Supporting Memorandum 132 and Motion for Partial Summary Judgment and Supporting Memorandum 151 ). (jp)
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Filing
83
OPINION & ORDER: Defendant's motions to strike 49 and 71 are denied. Plaintiffs' motion for a preliminary injunction 6 is GRANTED. See 41-page opinion & order attached. Signed on 2/12/2016 by Judge Marco A. Hernandez. (mr)
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