adidas America, Inc. et al v. Skechers USA, Inc.
Plaintiff: Adidas International Marketing B.V., adidas AG and adidas America, Inc.
Defendant: Skechers USA, Inc.
Case Number: 3:2015cv01741
Filed: September 14, 2015
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: John Jelderks
Nature of Suit: Trademark
Cause of Action: 15:1051 Trademark Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 3, 2017 Opinion or Order 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 The Cou rt also GRANTS adidas's unopposed motion that the parties' 1995 Agreement is valid and has not been superseded.The Court makes the following rulings regarding the parties' remedy disputes: The Court GRANTS in part adidas's moti on that Skechers cannot reduce its profits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)
February 12, 2016 Opinion or Order 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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Search for this case: adidas America, Inc. et al v. Skechers USA, Inc.
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Plaintiff: Adidas International Marketing B.V.
Represented By: Stephen M. Feldman
Represented By: R. Charles Henn, Jr.
Represented By: Kilpatrick Townsend & Stockton, LLP
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Plaintiff: adidas AG
Represented By: Stephen M. Feldman
Represented By: R. Charles Henn, Jr.
Represented By: Kilpatrick Townsend & Stockton, LLP
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Plaintiff: adidas America, Inc.
Represented By: Stephen M. Feldman
Represented By: R. Charles Henn, Jr.
Represented By: Kilpatrick Townsend & Stockton, LLP
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Defendant: Skechers USA, Inc.
Represented By: Lane Powell, PC
Represented By: Parna A. Mehrbani
Represented By: Daniel M. Petrocelli
Represented By: Jordan Raphael
Represented By: Mark A. Samuels
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