New Balance announced Wednesday that they are suing fashion house Michael Kors in a Massachusetts federal court for allegedly infringing a trademark by selling sneakers that feature a prominent letter “N” logo.
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New Balance accused the fashion boutique of launching two different sneakers that feature the logo in the exact location as on pairs of New Balances, one of which also allegedly mimics the company’s trade dress.
While the suit does not name Kors as a defendant individually, NB stated the situation is particularly complex because Kors himself is “a well-known fan” of the company’s shoes and has publicly stated that he owns “a good 15 pairs of New Balance” sneakers.
“Michael Kors (the individual) is a well-known ‘fan’ of New Balance, which increases the potential for consumers to mistakenly believe that the Michael Kors products are licensed by or affiliated with New Balance,” the luxury clothing company wrote.
New Balance directly cited several mentions in the press of Kors’ love for the brand. One quote from Vogue Magazine says that “it’s a rare occasion you see Michael Kors out of his trusty New Balance sneakers”; in another clipping from Harper’s Bazaar, Kors tells a journalist that a pair of New Balances are an essential part of his “fashion uniform.”
This isn’t the first contentious encounter NB has had with a global fashion house over trademark law. In 2009, the company sued Louis Vuitton and later in 2014 Karl Lagerfeld, both times accusing the designers of copying the look of its sneakers.
According to Wednesday’s complaint, both brands have historically collaborated with other companies on licensed footwear, further increasing the odds that consumers would mistakenly think that the shoes in question were some kind of an official partnership.
“Had New Balance authorized defendant to design special edition products, it might have been a highly successful collaboration,” the company wrote. “New Balance, however, never authorized or licensed defendant to use its trademarks.”
In their official statement, NB said it regrets having to take this action, but that its hand was forced.
“While New Balance respects and values industry competition, Michael Kors’ use of the ‘N’ design on sneakers infringes on the ‘N’ trademarks New Balance has exclusively owned and used for decades,” the company said.
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Source: https://www.law360.com/articles/1412012
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