A federal judge in Oregon has ruled against Skechers on a trademark infringement case filed in September by Adidas. The ruling impacted three shoes, though the sneaker blogs have been the most focused on Adidas Originals Stan Smith versus Skecher’s version, called the Onix (above), probably because the shoes is an icon of the culture but also because the copy was so egregious.
Oregon’s U.S. District Judge Marco A. Hernandez agreed, and according to reporting from Oregon Live, wrote in his 41-page opinion that “he couldn’t distinguish between Adidas’ Stan Smith and Skechers’ Onix shoes when each was presented as evidence just a few feet away from him in court.”
Skechers argued that the look of the Stan Smith wasn’t unique because other brands had made similar-looking white leather shoes that also included a colored heel tab (which, not for nothing but good point coughisabelmarantcough). In its counter-argument, Skechers also threw some shade, saying the injunction involved “only three minor and commercially insignificant Skechers styles that have already been discontinued.” And indeed, at various online shoe retailers like DSW and Zappos, the shoe is listed but sold out.
Still, Skechers plans to appeal the decision because it says Adidas is trying to hem in its creativity with the president of Skechers, Michael Greenberg, saying, “We are disappointed in the ruling and fully intend to appeal it in order to ensure that our footwear designers retain the freedom to use common design elements that have long been in the public domain.”
Adidas does not play around with copycats and has successfully sued Skechers attempts to mimic it in the past. It also took on Forever 21 and Marc Jacobs last year with both cases settled out of court.
