Brooks Sports files trademark infringement lawsuit against Nike, Exeter Brands, Payless

Brooks Sports filed a lawsuit in the United States District Court for the Western District of Washington against Nike, Inc., Exeter Brands Group, LLC and Payless ShoeSource, Inc., citing significant trademark infringement and unfair competition relative to the Tailwind athletic footwear line.
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Brooks Sports filed a lawsuit in the United States District Court for the Western District of Washington against Nike, Inc., Exeter Brands Group, LLC and Payless ShoeSource, Inc., citing significant trademark infringement and unfair competition relative to the Tailwind athletic footwear line.

The Tailwind brand, which is produced by Nike subsidiary Exeter Brands Group and sold exclusively at Payless ShoeSource, bears a remarkable resemblance to the Brooks Sports logo used in its premium running footwear, apparel and accessories. In addition, the design of the Tailwind G Zone shoe is strikingly similar to the Brooks Trance 5 and is marketed as a running shoe. (See images embedded below.)

“Brooks' high-performance footwear is well known and trusted throughout the running community. As such, we have a loyal base of customers with strong ties to our brand,” said Jim Weber, CEO of Brooks Sports. “We have a responsibility to protect these customers from simulated products that lack Brooks technologies. We intend to enforce our rights surrounding the Brooks trademark, logo and products to the fullest extent.”

Under the claim, Brooks Sports is requesting that the defendants permanently cease using the infringing logo, recall all Tailwind labeled goods, packages and materials, and abandon the U.S. Trademark application of the Tailwind brand.

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