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Skechers and Brooks settle a legal dispute involving the "5" mark

2022-09-17  Tatiana Travis


A trademark infringement action between Skechers and Brooks has been resolved.

On Friday, Skechers filed a notice of dismissal of the lawsuit, which claimed that Brooks Sports had placed a number "5" symbol on its footwear that was "confusingly similar" to the "S" logo that Skechers typically employs on its sneakers.

A representative for Brooks confirmed that the lawsuit was arbitrated. A request for response from FN was not answered by Skechers.

A judge in the Central District of California received the original case in June. Along with the "5" mark, Skechers objected to Brooks' mark's positioning, which it said was comparable to the way Skechers displays its "S" brand. Brooks' symbol is placed on the top of the sneaker tongue, away from other designs.


According to the lawsuit, "Brooks' stylized '5' mark is substantially identical to many of Skechers' 'S' marks and is used on similar products marketed to the same customers, making it highly likely that consumers will be confused as to whether Skechers is in charge of, distributes, has authorised or licenced, or is otherwise involved with the shoes Brooks sells."

In their original complaint, Skechers claimed that Brooks had previously been forbidden from using the misleading brand in Germany by a German court.

The case, which is now over, represented another legal conflict for both shoe companies. Puma sued Brooks in July for using the term "Nitro" and allegedly violating the design patent for one of its sneakers.

The legal disputes between the two shoe companies were finally put to rest in December when a trademark case between Skechers U.S.A. and Easy Spirit was concluded. In a motion to dismiss filed in 2019, Skechers claimed that Adidas had falsely accused it of patent infringement in a preemptive action it had brought against the sports giant.

2022-09-17  Tatiana Travis