1- COMPLAINT

21184-0111/127843147.1

Perkins Coie LLP

1120 NW Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2222

Fax: 503.727.2222

Stephen M. Feldman, OSB No. 932674

SFeldman@perkinscoie.com

PERKINS COIE LLP

1120 NW Couch Street, Tenth Floor

Portland, OR 97209-4128

Telephone: 503.727.2000

Facsimile: 503.737.2222

R. Charles Henn Jr., (pro hac vice pending)

chenn@kilpatricktownsend.com

Charles H. Hooker III, (pro hac vice pending)

chooker@kilpatricktownsend.com

KILPATRICK TOWNSEND & STOCKTON LLP

1100 Peachtree Street, Suite 2800

Atlanta, GA 30309

Telephone: 404.815.6500

Facsimile: 404.815.6555

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ADIDAS AMERICA, INC., a Delaware 

corporation; ADIDAS AG, a foreign 

entity; and ADIDAS INTERNATIONAL 

MARKETING B.V., a foreign entity,

Plaintiffs,

v.

SKECHERS USA, INC., a Delaware 

corporation,

Defendant.

No. 3:15-cv-1741

COMPLAINT

(Trademark and Trade Dress Infringement, 

Unfair Competition, Trademark and Trade 

Dress Dilution, Deceptive Trade Practices, 

and Breach of Contract)

DEMAND FOR JURY TRIAL

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Plaintiffs adidas America, Inc., adidas AG, and adidas International Marketing B.V. 

(collectively, “adidas”) state the following for their Complaint against Defendant Skechers USA, 

Inc. (“Skechers”).

I. INTRODUCTION

1. One of the most iconic shoes in history is the adidas “Stan Smith” sneaker, which 

adidas introduced in the early 1970s featuring a classic tennis-shoe profile with a sleek white 

leather upper, three rows of perforations in the pattern of the well-known Three-Stripe 

trademark, a defined stitching across the sides of each shoe enclosing the perforations, a raised 

mustache-shaped colored heel patch, which often is green, and a flat tonal white rubber outsole 

(the “STAN SMITH Trade Dress”):

2. Skechers recently began offering for sale a shoe, depicted below, that it describes 

on its website as having a “[s]mooth leather and synthetic upper in a lace up classic sporty 

tennis-style sneaker with stitching, overlay and perforation accents” (the “Stan Smith KnockOff”):

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And lest there be any doubt about Skechers’s bad-faith intent to imitate the STAN SMITH Trade 

Dress, the Stan Smith Knock-Off has been promoted using the terms “adidas stan smith” and 

“adidas originals” in the keyword metadata for this shoe on Skechers’s website.1

3. Further, for decades, adidas has manufactured, sold, and promoted footwear under 

its famous Three-Stripe trademark (the “Three-Stripe Mark”). adidas owns numerous 

incontestable federal trademark registrations for its Three-Stripe Mark for apparel and footwear, 

and adidas has invested tens of millions of dollars building its brand in connection with the 

Three-Stripe Mark. 

4. Despite Skechers’s knowledge of adidas’s rights in the famous Three-Stripe 

Mark—including a 1995 contractual agreement not to infringe adidas’s Three-Stripe Mark—

Skechers recently began selling footwear featuring three parallel stripes on the side of the shoe, 

including the “Relaxed Fit Cross Court TR” footwear depicted below (the “Three-Stripe KnockOff”):

5. In addition to its famous Three-Stripe Mark and STAN SMITH Trade Dress, 

adidas has, for over a decade, manufactured, sold, and promoted footwear under its well-known 

and federally registered SUPERNOVA trademark (the “SUPERNOVA Mark”).2

 As with the 

 1 Further evidencing Skechers’s bad faith, Skechers’s website employs other adidas 

trademarks, such as SPRINGBLADE, in its website’s metadata.

2 Collectively, adidas’s STAN SMITH Trade Dress, Three-Stripe Mark, and 

SUPERNOVA Mark are referred to herein as the “adidas Marks.” Skechers’s footwear, 

described in Paragraphs 2 – 5 above, that infringes the adidas Marks is collectively referred to 

herein as the “Infringing Footwear.”

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Stan Smith Knock-Off and the Three-Stripe Knock-Off, Skechers has been blatantly trading off 

of the goodwill associated with adidas’s SUPERNOVA Mark by offering for sale footwear under 

the name “Supernova,” as depicted below in a screen shot from Skechers’s website:

6. The Skechers footwear depicted above uses substantially identical imitations of 

the adidas Marks in a manner that is likely to cause consumer confusion and deceive the public 

regarding its source, sponsorship, or affiliation. Skechers’s actions are irreparably harming 

adidas’s brand and its extremely valuable adidas Marks.

7. This is, therefore, an action at law and in equity for breach of contract, as well as

for trademark infringement and dilution, unfair competition, and unfair business practices arising 

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under the Trademark Act of 1946, 15 U.S.C. §§ 1051 et seq. (2009) (“Lanham Act”); the antidilution laws of several states; the fair business practices and unfair and deceptive trade practices 

acts of several states; and the common law. Among other relief, adidas asks this Court to: (a) 

preliminarily and permanently enjoin Skechers from marketing or selling footwear using or 

bearing confusingly similar imitations of the adidas Marks; (b) award adidas monetary damages 

and to treble that award; (c) require Skechers to disgorge all of its profits from its sales of the 

Infringing Footwear; and (d) award adidas punitive damages, attorneys’ fees, and costs.

II. PARTIES

8. Plaintiff adidas AG is a joint stock company organized and existing under the 

laws of the Federal Republic of Germany, having its office and principal place of business at 

Postach 11230, D-91072 Herzogenaurach, Federal Republic of Germany.

9. Plaintiff adidas International Marketing B.V. is organized under the laws of the 

Netherlands, having a principal place of business at Atlas Arena Offices, Africa Building, 

Hoogoorddreef 9-A, 1101 BA Amsterdam Zuidoost, Netherlands.

10. Plaintiff adidas America, Inc. is a corporation organized and existing under the 

laws of the State of Delaware, having its principal place of business at 5055 N. Greeley Avenue, 

Portland, Oregon 97217. adidas America, Inc. directs all U.S.-based operations on behalf of 

adidas AG, including sales, brand marketing, product marketing, product design, public 

relations, distribution, enforcement, and licensing of and for ADIDAS-branded merchandise, 

including goods bearing the distinctive adidas Marks. adidas AG, adidas International Marketing 

B.V., and adidas America, Inc., as well as any predecessors or related entities, are collectively 

referred to herein as “adidas.”

11. On information and belief, Defendant Skechers USA, Inc. is a Delaware 

corporation with its principal place of business at 228 Manhattan Beach Boulevard, Manhattan 

Beach, California 90266. 

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III. JURISDICTION AND VENUE

12. This Court has subject matter jurisdiction under section 39 of the Lanham Act, 

15 U.S.C. § 1121, and under 28 U.S.C. §§ 1331 and 1338. Subject matter jurisdiction over 

adidas’s related state and common law claims is proper pursuant to 28 U.S.C. §§ 1338 and 1367. 

13. This Court has personal jurisdiction over Skechers because Skechers has entered 

into contracts with adidas in Oregon, and because, on information and belief, (a) Skechers has 

marketed, distributed, offered for sale, and/or sold to persons within the State of Oregon; 

(b) Skechers regularly transacts and conducts business within the State of Oregon; and/or 

(c) Skechers has otherwise made or established contacts within the State of Oregon sufficient to 

permit the exercise of personal jurisdiction.

14. The District of Oregon is a proper venue pursuant to 28 U.S.C. § 1391(b)(2) because 

a substantial part of the acts or omissions giving rise to adidas’s claims occurred in this District.

IV. FACTS COMMON TO ALL CLAIMS FOR RELIEF

A. adidas’s Famous STAN SMITH Trade Dress

15. adidas’s STAN SMITH shoe is an iconic low-top tennis shoe which adidas 

introduced to the market in the early 1970s.

16. The STAN SMITH Trade Dress features a distinctive appearance, including a 

classic tennis-shoe profile with a sleek white leather upper, three rows of perforations in the 

pattern of the well-known Three-Stripe Mark, a defined stitching across the sides of each shoe 

enclosing the perforations, a flat tonal white rubber outsole, a raised mustache-shaped colored 

heel patch in colors such as green, white, blue, and gold, among others. 

17. The STAN SMITH Trade Dress was named after acclaimed American tennis 

champion Stan Smith, who at the time of the shoe’s naming was the No. 1 tennis player in the 

world.

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18. Since introducing its STAN SMITH Trade Dress over forty years ago, adidas has 

spent millions of dollars promoting the product and its appearance. The STAN SMITH shoe is 

one of adidas’s best-selling shoes of all time, having sold more than 40 million pairs worldwide. 

19. Over forty years after its introduction, the STAN SMITH Trade Dress remains 

immensely popular. In 2014, for example, it was named “Shoe of the Year” by Footwear News. 

See Christian Allaire, “Shoe of the Year: Adidas STAN SMITH,” Footwear News, December 2, 

2014, a true and correct copy of which is attached as Exhibit 1.

20. adidas’s STAN SMITH shoes have been worn and popularized by a wide variety 

of athletes, musicians, artists, and other celebrities, including the Rolling Stones, David Bowie, 

Marc Jacobs, John Lennon, David Beckham, Pharrell Williams, and Kanye West. See Gary 

Aspden, “Why the adidas Stan Smith Is the Most Important Sneaker of All-Time,” 

http://ca.complex.com/sneakers/2015/09/why-the-adidas-stan-smith-is-the-most-importantsneaker-of-all-time, a true and correct copy of which is attached as Exhibit 2. Recently, STAN 

SMITH footwear has been prominently featured on the popular American adult animation 

sitcom, American Dad, shown on TBS and Fox in late 2014.

21. The fame and popularity of the STAN SMITH Trade Dress is further evidenced 

by unsolicited media coverage, including the following:

a. Dennis Green, “The 18 most important sneakers of all time,” Business Insider, 

July 18, 2015, ranking the STAN SMITH shoe as the No. 9 most important 

sneaker of all time; 

b. Rachael Allen, “Celebrities Continue to Choose Adidas STAN SMITH Sneakers 

This Summer,” Footwear News, July 7, 2015, noting “a slew of celebrities have 

continued to adopt the [STAN SMITH] style as their go-to street look”; 

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c. Troy Patterson, “STAN SMITH, Accidental Sneaker Icon,” The New York 

Times, May 5, 2015, noting the STAN SMITH shoes “are a favorite among a 

wide array of people in the art world and the image business, with fans ranging 

from Marc Jacobs and Phoebe Philo to David Bowie and Pharrell Williams”; 

d. Rory Satran, i-D, “how did the adidas STAN SMITH become the ultimate 

fashion shoe?”, May 26, 2015 (“STAN SMITH is to sneakers as Levi’s are to 

jeans and Kim Kardashian’s Instagram is to selfies: the ultimate expression of 

the form.”); 

e. “10 Fresh Pairs of White Sneakers to Wear (Aside from Your STAN SMITHs),” 

InStyle, February 4, 2015 (“It’s safe to say we are all well acquainted with the 

term ‘athleisure,’ and if there is one shoe that has defined that trend, it’s the 

Adidas STAN SMITH.”); 

f. Nathalie Atkinson, “So long, stilettos: Why 2014 was the year women’s 

footwear fell to Earth,” The Globe and Mail, December 23, 2014 (“Footwear 

News’s Shoe of the Year award went to the STAN SMITH, Adidas’s antiseptic 

white leather tennis shoe, the sneaker style recently championed by Phoebe 

Philo and worn by an otherwise naked Gisele Bundchen in Paris Vogue.”);

g. Nick Engvall and Russ Bengston, “The 30 Most Influential Sneakers of All 

Time,” Complex, May 14, 2013, ranking the STAN SMITH shoe as No. 19 in 

the most influential sneakers of all time;

h. ShortList Magazine, “The 10 Greatest Ever Trainers,” February 28, 2013, 

featuring the STAN SMITH shoe among the ten greatest ever trainers;

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i. Adam Leaventon, “The 50 Greatest Tennis Sneakers of All Time,” Complex, 

October 18, 2012, ranking the STAN SMITH shoe as the No. 4 greatest tennis 

sneaker of all time; and

j. Nick Santora, “The 50 Most Influential Sneaker Sponsorships in Sports History,” Complex, October 16, 2012, ranking STAN SMITH’s contract with adidas 

as No. 13 on the 50 most influential sneaker sponsorships in sports history.

True and correct copies of the above-referenced articles are collectively attached as Exhibit 3.

22. As a result of adidas’s extensive use and promotion of its STAN SMITH Trade 

Dress, adidas has built up and now owns valuable goodwill that is symbolized by the trade dress. 

The purchasing public has come to associate the STAN SMITH Trade Dress with adidas. 

adidas’s STAN SMITH Trade Dress is distinctive and has achieved significant secondary 

meaning. Indeed, the STAN SMITH Trade Dress is famous and has been widely heralded as one 

of the most important and most well-known shoe designs in history.

23. The combination of elements comprising the STAN SMITH Trade Dress is 

nonfunctional, in that it is not essential to the use or purpose of the shoe, it does not reduce the 

cost or improve the performance of the shoe, and its use by adidas does not put competitors at 

any significant non-reputation-related disadvantage. Indeed, competitors, such as Skechers, have 

available a multitude of alternative sneaker designs they could use; the only reason to mimic the 

iconic STAN SMITH Trade Dress is to attempt to trade off its tremendous goodwill and siphon 

away sales from adidas.

B. adidas’s Famous Three-Stripe Mark

24. adidas is currently, and for years has been, one of the world’s leading 

manufacturers of athletic footwear, sportswear, and sporting equipment. Over sixty (60) years 

ago, adidas first placed three parallel stripes on its athletic shoes, and the Three-Stripe Mark 

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came to signify the quality and reputation of adidas footwear to the sporting world early in the 

company’s history. 

25. At least as early as 1952, adidas began using the Three-Stripe Mark on footwear 

sold in the United States and worldwide. The Three-Stripe Mark quickly came to signify the 

quality and reputation of adidas footwear. Examples of adidas’s footwear bearing the ThreeStripe Mark are depicted below, and pages from adidas’s catalogs featuring footwear bearing the 

Three-Stripe Mark are attached as Exhibit 4.

Ultra Boost Samba

Superstar STAN SMITH

26. adidas is the owner of a federal trademark registration, Reg. No. 1,815,956, issued 

by the United States Patent and Trademark Office (“PTO”) on January 11, 1994, for the ThreeStripe Mark, as depicted below, for “athletic footwear.”

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Affidavits have been filed pursuant to Sections 8 and 15 of the Lanham Act, 15 U.S.C. §§ 1058 

and 1065, and this registration is incontestable. A copy of the Certificate of Registration for this 

mark is attached as Exhibit 5.

27. adidas is the owner of a federal trademark registration, Reg. No. 1,833,868, issued 

by the PTO on May 3, 1994, for the Three-Stripe Mark, as depicted below, covering “athletic 

footwear.”

Affidavits have been filed pursuant to Sections 8 and 15 of the Lanham Act, 15 U.S.C. §§ 1058 

and 1065, and this registration is incontestable. A copy of the Certificate of Registration for this 

mark is attached as Exhibit 6.

28. adidas is the owner of a federal trademark registration, Reg. No. 2,278,589, issued 

by the PTO on September 21, 1999, for the Three-Stripe Mark, as depicted below, covering 

“athletic footwear.”

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Affidavits have been filed pursuant to Sections 8 and 15 and the Lanham Act, 15 U.S.C. §§ 1058 

and 1065, and this registration is incontestable. A copy of the Certificate of Registration for this 

mark is attached as Exhibit 7.

29. adidas is the owner of a federal trademark registration, Reg. No. 3,029,129, issued 

by the PTO on December 13, 2005, for the Three-Stripe Mark, as depicted below, covering 

“footwear.”

Affidavits have been filed pursuant to Sections 8 and 15 of the Lanham Act, 15 U.S.C. §§ 1058 

and 1065, and this registration is incontestable. A copy of the Certificate of Registration for this 

mark is attached as Exhibit 8.

30. adidas is the owner of a federal trademark registration, Reg. No. 3,029,135, issued 

by the PTO on December 13, 2005, for the Three-Stripe Mark, as depicted below, covering 

“footwear.”

Affidavits have been filed pursuant to Sections 8 and 15 of the Lanham Act, 15 U.S.C. §§ 1058 

and 1065, and this registration is incontestable. A copy of the Certificate of Registration for this 

mark is attached as Exhibit 9.

31. adidas owns numerous additional trademark registrations, a number of which are 

incontestable, for the Three-Stripe Mark covering footwear and various items of apparel 

including U.S. Reg. Nos. 870,136, 961,353, 2,016,963, 2,058,619, 2,278,591, 2,284,308, 

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2,909,861, 2,999,646, 3,029,127, 3,063,742, 3,063,745, 3,087,329, 3,183,656, 3,183,663, and 

3,236,505. Copies of the Certificates of Registration for each of these marks are attached 

collectively as Exhibit 10.

32. Additionally, adidas owns federal registrations for verbal trademarks using the 

term “3 stripes” including THE BRAND WITH THE 3 STRIPES, Reg. No. 1,674,229, for “sport 

and leisure wear.” Affidavits have been filed pursuant to Sections 8 and 15 of the Lanham Act, 

15 U.S.C. §§ 1058 and 1065, and this registration is incontestable. A copy of the Certificate of 

Registration for this mark is attached as Exhibit 11.

33. adidas’s Three-Stripe Mark is well-known and famous and has been for many 

years. adidas has used the Three-Stripe Mark in connection with its frequent sponsorship of 

musical artists, including pop stars Katy Perry and Selena Gomez and iconic rappers B.o.B, 

Snoop Dogg, Pharrell Williams, and Kanye West. 

34. adidas also has used the Three-Stripe Mark in connection with its frequent 

sponsorship of athletic tournaments and organizations, as well as professional athletes and 

collegiate sports teams. For example, adidas has had longstanding relationships with the 

University of California at Los Angeles, the University of Nebraska, Arizona State University, 

the University of Louisville, Mississippi State University, and the University of Miami. Among 

many others, adidas sponsors: (a) NFL stars Aaron Rodgers, DeMarco Murray, Jimmy Graham, 

Von Miller, Sammy Watkins, and Robert Griffin III; (b) NBA stars Tim Duncan, James Harden, 

John Wall, Damian Lillard, and Derrick Rose; (c) baseball players Josh Harrison, Justin Upton, 

Kris Bryant, Carlos Gomez, Melvin Upton Jr., and James Shields; (d) professional golfer Sergio 

Garcia; and (e) internationally famous soccer players David Beckham and Lionel Messi. For 

decades, adidas also has sponsored the world-famous Boston Marathon, along with many other 

events, teams, and individuals.

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35. The Three-Stripe Mark is nonfunctional, and the public recognizes and 

understands that the Three-Stripe Mark distinguishes and identifies adidas’s footwear. Indeed, 

unsolicited media coverage has referred to “the iconic adidas three stripes” (Brettman, Allan, 

“World Cup Brings New Shoes, Uniforms from Adidas, Nike,” The Oregonian, Feb. 17, 2014), 

adidas’s “trademark three-stripe sneakers” (Brettman, Allan, “Adidas lifts 2012 forecast as sales 

in China soar in Q1,” The Oregonian, May 1, 2012), “the adidas stripes” (Brettman, Allan, “A 

$35 Swoosh of Genius,” The Oregonian, June 16, 2011), adidas’s “ubiquitous three stripes” 

(Brettman, Allan, “Going ‘All In’ Against Nike,” The Oregonian, March 15, 2011), the 

“trademark three-stripe logo” (Pennington, Bill, “Belts That Do More Than Hold Up Pants,” 

New York Times, July 27, 2009), the “iconic three stripes” (“Game Time,” Footwear News, June 

16, 2008), the “signature three stripes” (Moore, Booth, “Ringing Endorsements; Form Follows 

Function with Much Olympic Wear, but Fashion and Funding are also at Play,” L.A. Times, 

August 13, 2004), the “famous brand with the three stripes” (Whiting, Sam, “Must Have,” San 

Francisco Chronicle, July 7, 2002), and the “legendary Adidas three stripes” (“Coty Inc.,” Brand 

Strategy, September 27, 1999). 

36. For decades, adidas extensively and continuously has used and promoted the 

Three-Stripe Mark in connection with footwear and apparel. In recent years, annual sales of 

products bearing the Three-Stripe Mark have totaled in the billions of dollars globally and in the 

hundreds of millions of dollars within the United States. The Three-Stripe Mark has achieved 

international fame and tremendous public recognition.

37. Since introducing its Three-Stripe Mark, adidas has spent millions of dollars 

promoting the mark and products bearing the mark. For example, in March 2011, adidas 

launched an advertising campaign in the United States “featuring Chicago Bulls guard Derrick 

Rose, rapper B.o.B and pop singer Katy Perry, among others,” that “highlights [adidas’s] imprint 

on the worlds of sports, music and fashion,” and “show[s] the breadth and depth of the Adidas 

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brand.” A March 15, 2011, article from The Oregonian describing this advertising campaign is 

attached as Exhibit 12. Similarly, adidas recently launched its “Sport 15” advertising campaign, 

which represents adidas’s biggest ad spend in the United States. The campaign features soccer 

superstar Lionel Messi, Derrick Rose of the Chicago Bulls, and DeMarco Murray of the 

Philadelphia Eagles. A February 13, 2015, article from AdWeek describing adidas’s Sport 15 

advertising campaign is attached as Exhibit 13. 

38. As a result of adidas’s extensive use and promotion of the Three-Stripe Mark, 

adidas has built up and now owns extremely valuable goodwill that is symbolized by the Mark. 

The purchasing public has come to associate the Three-Stripe Mark with adidas.

C. The SUPERNOVA Mark

39. Since 1998, adidas has manufactured, sold, and promoted footwear under its wellknown SUPERNOVA Mark; and for over a decade, adidas has manufactured, sold, and 

promoted apparel under the SUPERNOVA Mark.

40. adidas is the owner of a federal trademark registration, Reg. No. 2,784,051, issued 

by the PTO on November 18, 2003, for the SUPERNOVA Mark covering “athletic footwear.” 

Affidavits have been filed pursuant to Sections 8 and 15 and the Lanham Act, 15 U.S.C. §§ 1058 

and 1065, and this registration is incontestable. A copy of the Certificate of Registration for this 

mark is attached as Exhibit 14.

41. adidas has invested hundreds of thousands of dollars to advertise and promote its 

SUPERNOVA Mark, and it has sold tens of millions of dollars of SUPERNOVA footwear in the 

United States.

42. adidas’s SUPERNOVA footwear has won various awards, including being named 

the Shape 2014 “Best for Cushioning” shoe and being awarded the Runner’s World December 

2014 Editor’s Choice Award and June 2010 Editor’s Choice Award. True and correct copies of 

media articles relating to such awards are attached as Exhibit 15. 

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43. In addition, adidas’s SUPERNOVA footwear has been the subject of numerous 

unsolicited media articles and repeatedly has been hailed as a top running shoe by various trade 

publications, including Running Times, Outside, Footwear News, Cutting-Edge Health 

Prevention, Running Network, Triathlete Buyer’s Guide, and Running Competitor. Similarly, 

adidas’s SUPERNOVA apparel has been praised by various trade publications, including 

Runner’s World and Women’s Health. True and correct copies of example trade publication 

articles related to adidas’s SUPERNOVA footwear and apparel are attached as Exhibit 16.

44. As a result of adidas’s longstanding use and extensive marketing, advertising, and 

promotional efforts over the years, the SUPERNOVA Mark is extremely well known among 

consumers.

D. Prior Settlement Agreements Between adidas and Skechers

The 1995 Agreement

45. In or around 1994, adidas became aware that Skechers was offering for sale and 

selling footwear designated “Karl Kani” footwear by Skechers. It featured parallel stripes on the 

side of the upper. As a result, adidas filed a lawsuit (designated as civil action number CV-95-

0037-ST) for trademark infringement and unfair competition in the United States District Court 

for the District of Oregon.

46. adidas and Skechers resolved their dispute by entering into a settlement 

agreement (the “1995 Agreement”), a true and correct copy of which is attached as Exhibit 17. 

47. In the 1995 Agreement, Skechers acknowledged that adidas is the exclusive 

owner of the Three-Stripe Mark and “agree[d] not to use the THREE STRIPE DESIGN or any 

mark confusingly similar thereto to the extent that any form of that mark is entitled to protection 

under state or federal law.” Skechers further agreed in the 1995 Agreement “not to challenge or 

contest, or assist another in challenging or contesting, adidas’s exclusive rights in and to the 

THREE STRIPE DESIGN mark.”

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Subsequent Agreements

48. In 2008, 2010, 2011, and 2013, Skechers offered for sale and sold various 

footwear bearing two and four parallel stripes on the side of the upper that, among other things, 

infringed and diluted adidas’s Three-Stripe Mark. 

49. For example, in 2008, adidas objected to Skechers’s sale of certain two and fourstripe shoe designs, examples of which are depicted below:

 

 

50. adidas and Skechers entered into a confidential settlement agreement in September 

2008 (the “September 2008 Agreement”). Skechers subsequently ceased sales of the shoes 

depicted above in Paragraph 49.

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51. A year later, in 2009, adidas again found Skechers offering for sale and selling 

footwear bearing two and four parallel stripes on the side of the upper that, among other things, 

infringed and diluted adidas’s Three-Stripe Mark, examples of which are depicted below: 

 

52. adidas and Skechers entered into a confidential settlement agreement in February 

2010 (the “February 2010 Agreement”). Skechers subsequently ceased sales of the shoes depicted

above in Paragraph 51. 

53. Within that same year, Skechers yet again began offering for sale and selling 

footwear bearing two and four parallel stripes on the side of the upper in a manner likely to cause 

confusion with and to dilute adidas’s Three-Stripe Mark, examples of which are depicted below:

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Phone: 503.727.2222

Fax: 503.727.2222

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Phone: 503.727.2222

Fax: 503.727.2222

54. adidas and Skechers once again entered into a confidential settlement agreement, on 

December 22, 2010 (the “December 2010 Agreement”). Skechers subsequently ceased sales of the 

shoes depicted above in Paragraph 53.

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Phone: 503.727.2222

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55. Only months after the parties entered into the December 2010 Agreement, adidas 

yet again discovered that Skechers was offering for sale and selling footwear bearing two and 

four parallel stripes on the side of the upper that, among other things, infringed and diluted 

adidas’s Three-Stripe Mark, examples of which are depicted below: 

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Phone: 503.727.2222

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56. adidas and Skechers once again entered into a confidential settlement agreement, on 

November 7, 2011 (the “2011 Letter Agreement”). Skechers subsequently ceased sales of the 

shoes depicted above in Paragraph 55.

57. Approximately a year after the 2011 Letter Agreement, adidas yet again 

discovered that Skechers was selling footwear bearing confusingly similar imitations of adidas’s 

Three-Stripe Mark, examples of which are depicted below. 

Gander Transport

(Style No. 63331)

Krove Donato

58. adidas and Skechers once again entered into a confidential settlement agreement, on 

April 26, 2013 (the “2013 Agreement”). Skechers subsequently ceased sales of the shoes depicted 

above in Paragraph 57. 

E. Skechers’s Current Unlawful Activities

59. Notwithstanding the 1995 Agreement and the subsequent 2008 – 2013 

Agreements—and in continuing, blatant disregard of adidas’s rights—Skechers yet again is 

importing, producing, marketing, distributing, offering for sale, and selling footwear in interstate 

commerce bearing a confusingly similar imitation of the adidas Marks. 

60. In perhaps its most egregious infringement to date, Skechers is producing, 

marketing, distributing, offering for sale, and selling the STAN SMITH Knock-Off. Skechers’s 

knock-off imitates every element of the STAN SMITH Trade Dress (as shown below): 

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adidas’s STAN SMITH Footwear Skechers’s Infringing Footwear

STAN SMITH Footwear Infringing Footwear

Classic tennis-shoe profile Same

Sleek white leather upper Same

Angled stripes comprised of perforations Same

Defined stitching on the side of the shoe 

enclosing the perforations

Same

Prominent, raised colored heel tab Same

Mustache-shaped heel tab Same

Flat tonal white rubber outsole Same

61. Beyond these elements, Skechers went even further to copy other elements of 

adidas’s STAN SMITH shoe, including: placing a strip of leather along the center of the heel, 

creating a groove around the top of the sole, and placing stitching in places along the groove.

62. Skechers clearly intends the Stan Smith Knock-Off to be a confusingly similar 

imitation of adidas’s STAN SMITH Trade Dress, as Skechers’s website has been directing 

consumers who search for “adidas STAN SMITH” to the Stan Smith Knock-Off. A true and 

correct copy of the search results for “adidas STAN SMITH” on Skechers’s website, as of 

September 1, 2015, is attached as Exhibit 18. A video capture of the performance of this search 

on the same date will be conventionally filed as Exhibit 19.

63. Skechers’s derogation of adidas’s rights is further evidenced in the source code 

for Skechers’s website, which features the terms “stan smith” and “adidas original.” A true and 

correct copy of the source code of Skechers’s website as it existed on September 7, 2015, is 

attached as Exhibit 20.

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64. To add insult to injury, Skechers has expanded its infringing enterprise to include 

sales of footwear bearing adidas’s famous Three-Stripe Mark, such as the shoe shown below.

65. Even worse, Skechers’s program of infringement extends to adidas’s well-known 

SUPERNOVA Mark. A true and correct copy of the webpage offering Skechers footwear for 

sale under the SUPERNOVA Mark as it existed on September 7, 2015, is attached as Exhibit 21. 

66. Skechers was familiar with adidas’s STAN SMITH Trade Dress, Three-Stripe 

Mark, and SUPERNOVA Mark when Skechers created, imported, and began advertising and 

selling the Infringing Footwear. 

67. Skechers further was aware that the sale of the Infringing Footwear would likely 

cause confusion among consumers and would dilute adidas’s rights in the STAN SMITH Trade 

Dress and the Three-Stripe Mark. Indeed, on information and belief, Skechers knowingly, 

willfully, intentionally, and maliciously adopted and used a substantially indistinguishable and 

confusingly similar imitation of the STAN SMITH Trade Dress and Three-Stripe Mark. 

Specifically, on information and belief, Skechers intentionally designed and manufactured 

footwear bearing adidas’s STAN SMITH Trade Dress and Three-Stripe Mark to mislead and 

deceive consumers into believing it was manufactured, sold, authorized, or licensed by adidas.

68. On further information and belief, Skechers knowingly, willfully, intentionally, 

and maliciously adopted adidas’s SUPERNOVA Mark for use in connection with its footwear in 

order to further mislead and deceive consumers into believing Skechers’s footwear was 

manufactured, sold, authorized, or licensed by adidas.

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69. The Infringing Footwear distributed, offered for sale, and sold by Skechers is not 

manufactured by adidas, nor is Skechers associated, affiliated, or connected with adidas, or 

licensed, authorized, sponsored, endorsed, or approved by adidas in any way.

70. adidas used its STAN SMITH Trade Dress, its Three-Stripe Mark, and its 

SUPERNOVA Mark extensively and continuously long before Skechers began offering for sale 

or selling the Infringing Footwear. 

71. The Infringing Footwear is similar to, and competes with, footwear sold by 

adidas, and the parties’ respective footwear is sold through overlapping channels of trade.

72. Skechers’s use of the adidas Marks and confusingly similar imitations of the 

adidas Marks is likely to deceive, confuse, and mislead actual and prospective purchasers before, 

during, and after purchase into believing that the footwear sold by Skechers is manufactured or 

authorized by, or in some manner associated with adidas, which it is not. 

73. The likelihood of confusion, mistake, and deception engendered by Skechers’s 

misappropriation of the adidas Marks is causing irreparable harm to the goodwill symbolized by 

the adidas Marks and the reputation for quality that they embody.

74. This misappropriation is particularly damaging with respect to those persons who 

perceive a defect or lack of quality in the Infringing Footwear. 

75. On information and belief, Skechers continues to use the adidas Marks and 

confusingly similar imitations of the adidas Marks in connection with the sale of products that 

directly compete with those offered by adidas. Skechers began selling these imitations well after 

adidas had established protectable rights in the adidas Marks, and well after the Three-Stripe 

Mark and STAN SMITH Trade Dress had become famous. 

76. Skechers has shown a callous disregard for adidas’s trademark and trade dress 

rights, as well as for the numerous Agreements Skechers has entered into with adidas. Skechers 

previously agreed expressly not to use the Three-Stripe Mark or any confusingly similar mark,

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and it further agreed to discontinue manufacturing and selling footwear bearing confusingly 

similar imitations of adidas’s Three-Stripe Mark. Skechers thus has acted in bad faith, with 

malicious intent, and in knowing disregard of adidas’s rights.

FIRST CLAIM FOR RELIEF

(Federal Trademark and Trade Dress Infringement)

77. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

78. Skechers’s use of confusingly similar imitations of the adidas Marks is likely to 

cause confusion, deception, and mistake by creating the false and misleading impression that 

Skechers’s goods are manufactured or distributed by adidas, or are associated or connected with 

adidas, or have the sponsorship, endorsement, or approval of adidas.

79. Skechers has used marks confusingly similar to the adidas Marks in violation of 

15 U.S.C. §§ 1114 and 1125(a). Skechers’s activities have caused and, unless enjoined by this 

Court, will continue to cause a likelihood of confusion and deception of members of the trade 

and public, and, additionally, injury to adidas’s goodwill and reputation as symbolized by the 

adidas Marks, for which adidas has no adequate remedy at law.

80. Skechers’s actions demonstrate an intentional, willful, and malicious intent to 

trade on the goodwill associated with the adidas Marks to adidas’s great and irreparable harm.

81. Skechers has caused and is likely to continue causing substantial injury to the 

public and to adidas, and adidas is entitled to injunctive relief and to recover Skechers’s profits, 

actual damages, enhanced profits and damages, costs, and reasonable attorneys’ fees under 

15 U.S.C. §§ 1114, 1116, and 1117.

SECOND CLAIM FOR RELIEF

(Federal Unfair Competition)

82. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

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Phone: 503.727.2222

Fax: 503.727.2222

83. Skechers’s use of the adidas Marks and confusingly similar imitations of the 

adidas Marks has caused and is likely to cause confusion, deception, and mistake by creating the 

false and misleading impression that Skechers’s goods are manufactured or distributed by adidas, 

or are affiliated, connected, or associated with adidas, or have the sponsorship, endorsement, or 

approval of adidas.

84. Skechers has made false representations, false descriptions, and false designations 

of its goods in violation of 15 U.S.C. § 1125(a). Skechers’s activities have caused and, unless 

enjoined by this Court, will continue to cause a likelihood of confusion and deception of 

members of the trade and public, and, additionally, injury to adidas’s goodwill and reputation as 

symbolized by the adidas Marks, for which adidas has no adequate remedy at law.

85. Skechers’s actions demonstrate an intentional, willful and malicious intent to 

trade on the goodwill associated with the adidas Marks to the great and irreparable injury of 

adidas.

86. Skechers’s conduct has caused, and is likely to continue causing, substantial 

injury to the public and to adidas. adidas is entitled to injunctive relief and to recover Skechers’s 

profits, actual damages, enhanced profits and damages, costs, and reasonable attorneys’ fees 

under 15 U.S.C. §§ 1125(a), 1116, and 1117.

THIRD CLAIM FOR RELIEF

(Federal Trademark and Trade Dress Dilution)

87. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

88. For decades, adidas has exclusively and continuously promoted and used the 

registered Three-Stripe Mark and the STAN SMITH Trade Dress both in the United States and 

throughout the world. These marks thus became famous and well-known symbols of adidas and 

its products well before Skechers offered for sale the Infringing Footwear.

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89. Skechers is making use in commerce of marks that dilute and are likely to dilute 

the distinctiveness of adidas’s Three-Stripe Mark and STAN SMITH Trade Dress by eroding the 

public’s exclusive identification of the famous Three-Stripe Mark and STAN SMITH Trade 

Dress with adidas, tarnishing and degrading the positive associations and prestigious 

connotations of the marks, and otherwise lessening the capacity of the marks to identify and 

distinguish adidas’s goods.

90. Skechers’s actions demonstrate an intentional, willful, and malicious intent to 

trade on the goodwill associated with adidas’s Three-Stripe Mark and STAN SMITH Trade 

Dress or to cause dilution of the Three-Stripe Mark and STAN SMITH Trade Dress to the great 

and irreparable injury of adidas.

91. Skechers has caused and will continue to cause irreparable injury to adidas’s 

goodwill and business reputation, and dilution of the distinctiveness and value of adidas’s 

famous and distinctive Three-Stripe Mark and STAN SMITH Trade Dress in violation of 

15 U.S.C. § 1125(c). adidas therefore is entitled to injunctive relief and to Skechers’s profits, 

actual damages, enhanced profits and damages, and reasonable attorneys’ fees under 15 U.S.C. 

§§ 1125(c), 1116, and 1117.

FOURTH CLAIM FOR RELIEF

(State Trademark Dilution with respect to the Three-Stripe Mark)

92. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

93. adidas has extensively and continuously promoted and used the registered ThreeStripe Mark both in the United States and throughout the world, and the mark had thereby 

become a distinctive, famous, and well-known symbol of adidas’s goods and services well 

before Skechers designed, sourced, manufactured, imported, distributed, marketed, promoted, 

offered for sale, or sold the Three-Stripe Knock-Off. The Three-Stripe Mark is widely 

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recognized by the general consuming public as a designation that adidas is the source of the 

goods bearing the Three-Stripe Mark.

94. Skechers’s unauthorized imitations of adidas’s Three-Stripe Mark dilute and are 

likely to dilute the distinctiveness of the mark by eroding the public’s exclusive identification of 

this famous and well-known mark with adidas, and tarnishing and degrading the positive 

associations and prestigious connotations of the Three-Stripe Mark, and otherwise lessening the 

capacity of the mark to identify and distinguish adidas’s goods and services.

95. Skechers is causing and will continue to cause irreparable injury to adidas’s 

goodwill and business reputation, and dilution of the distinctiveness and value of adidas’s 

famous Three-Stripe Mark in violation of the Oregon anti-dilution statute, O.R.S. § 647.107 

(2009), as well as the anti-dilution laws of several other states, including Alabama, ALA. CODE 

§ 8-12-17 (2009); Alaska, ALASKA STAT. § 45.50.180 (Michie 2009); Arizona, ARIZ. REV. 

STAT. ANN. § 44-1448.01 (West 2009); Arkansas, ARK. CODE ANN. § 4-71-213 (2009); 

California, CAL. BUS. & PROF. CODE § 14247 (West 2009); Connecticut, CONN. GEN. 

STAT. ANN § 35-11i(c) (West 2009); Delaware, DEL. CODE ANN. tit. 6, § 3313 (2009); 

Florida, FLA. STAT. ANN. § 495.151 (West 2007); Georgia, GA. CODE ANN. § 10-1-451 

(2009); Hawaii, HAW. REV. STAT. ANN. § 482-32 (Michie 2009); Idaho, IDAHO CODE 

§ 48-513 (Michie 2009); Illinois, 765 ILL. COMP. STAT. ANN. 1036/65 (2009); Iowa, IOWA 

CODE ANN. § 548.113 (West 2009); Indiana, IN. CODE 24-2-13.5 (West 2009); Kansas, KAN. 

STAT. ANN. § 81-214 (2009); Louisiana, LA. REV. STAT. ANN. § 51:223.1 (West 2009); 

Maine, ME. REV. STAT. ANN. tit. 10, § 1530 (West 2000); Massachusetts, MASS. GEN. 

LAWS. ANN. ch. 110H, § 13 (West 2009); Minnesota, MINN. STAT. ANN. § 333.285 (West 

2009); Mississippi, MISS. CODE. ANN. § 75-25-25 (2009); Missouri, MO. ANN. STAT. 

§ 417.061(1) (West 2009); Montana, MONT. CODE ANN. § 30-13-334 (2009); Nebraska, NEB. 

REV. STAT. ANN. § 87-140 (Michie 2009); Nevada, NEV. REV. STAT. 600.435 (2007); New 

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Hampshire, N.H. REV. STAT. ANN. § 350-A:12 (2009); New Jersey, N.J. STAT. ANN. 56:3-

13.20 (West 2009); New Mexico, N.M. STAT. ANN. § 57-3B-15 (Michie 2009); New York, 

N.Y. GEN. BUS. Law § 360-l (2009); Pennsylvania, 54 PA. CONS. STAT. ANN. § 1124 (West 

2009); Rhode Island, R.I. GEN. LAWS § 6-2-12 (2009); South Carolina, S. C. CODE ANN. 

§ 39-15-1165 (2009); Tennessee, TENN. CODE ANN. § 47-25-513 (2009); Texas, TEX. BUS. 

& COM. CODE ANN. § 16.29 (Vernon 2009); Utah, UT. CODE ANN. § 70-3a-403 (2009); 

Washington, WASH. REV. CODE ANN. § 19.77.160 (West 2009); West Virginia, W.V. STAT. 

ANN. 47-2-13 (Michie 2009); and Wyoming, WYO. STAT. ANN. § 40-1-115 (Michie 2009). 

adidas therefore is entitled to injunctive relief, damages, and costs, as well as, if appropriate, 

enhanced damages and reasonable attorneys’ fees.

FIFTH CLAIM FOR RELIEF

(Unfair and Deceptive Trade Practices)

96. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

97. Skechers has been and is passing off its goods as those of adidas, causing a 

likelihood of confusion or misunderstanding as to the source, sponsorship, or approval of 

Skechers’s goods, causing a likelihood of confusion as to Skechers’s affiliation, connection, or 

association with adidas, and otherwise damaging the public.

98. Skechers’s conduct constitutes unfair and deceptive acts or practices in the course 

of a business, trade, or commerce in violation of the unfair and deceptive trade practices statutes 

of several states, including California CAL. BUS. & PROF. CODE § 17200, et seq. (West 2009); 

Colorado, COLO. REV. STAT. ANN. §§ 6-1-101 to 6-1-115 (West 2009); Delaware, DEL. 

CODE ANN. tit. 6, §§ 2531 to 2536 (2009); Georgia, GA. CODE ANN. §§ 10-1-370 to 10-1-

375 (2009); Hawaii, HAW. REV. STAT. §§ 481A-1 to 481A-5 (2009); Illinois, ILL. COMP. 

STAT. ANN. ch. 815, 510/1 to 510/7 (2009); Maine, ME. REV. STAT. ANN. tit. 10, §§ 1211 to 

1216 (West 2009); Minnesota, MINN. STAT. ANN. § 325D.43 to .48 (West 2009); Nebraska, 

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NEB. REV. STAT. §§ 87-301 to 87-306 (2009); New Mexico, N.M. STAT. ANN. §§ 57-12-1 to 

57-12-22 (Michie 2009); New York, N.Y. GEN. BUS. Law § 349 (McKinney 2009); Ohio, 

OHIO REV. CODE ANN. §§ 4165.01 to 4165.04 (Baldwin 2009); and Oklahoma, OKLA. 

STAT. ANN. tit. 78, §§ 51 to 55 (West 2009). 

99. Skechers’s unauthorized use of confusingly similar imitations of the adidas Marks 

has caused and is likely to cause substantial injury to the public and to adidas. adidas, therefore, 

is entitled to injunctive relief and to recover damages and, if appropriate, punitive damages, 

costs, and reasonable attorneys’ fees.

SIXTH CLAIM FOR RELIEF

(Common Law Trademark Infringement and Unfair Competition)

100. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

101. Skechers’s acts constitute common law trademark infringement and unfair 

competition, and have created and will continue to create, unless restrained by this Court, a 

likelihood of confusion to the irreparable injury of adidas. adidas has no adequate remedy at law 

for this injury.

102. On information and belief, Skechers acted with full knowledge of adidas’s use of, 

and statutory and common law rights to, the adidas Marks and without regard to the likelihood of 

confusion of the public created by Skechers’s activities.

103. Skechers’s actions demonstrate an intentional, willful, and malicious intent to 

trade on the goodwill associated with the adidas Marks to the great and irreparable injury of 

adidas.

104. As a result of Skechers’s acts, adidas has been damaged in an amount not yet 

determined or ascertainable. At a minimum, however, adidas is entitled to injunctive relief, to an 

accounting of Skechers’s profits, damages, and costs. Further, in light of the deliberately 

fraudulent and malicious use of the adidas Marks and confusingly similar imitations of the adidas 

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Marks, and the need to deter Skechers from engaging in similar conduct in the future, adidas 

additionally is entitled to punitive damages.

SEVENTH CLAIM FOR RELIEF

(Breach of Contract)

105. adidas repeats and incorporates by reference the allegations in the preceding 

paragraphs.

106. The 1995 Agreement is a valid contract.

107. The 1995 Agreement was supported by adequate consideration.

108. Skechers breached the 1995 Agreement when it manufactured, offered for sale, 

and/or sold the current Infringing Footwear bearing two and four stripes in a manner confusingly 

similar to adidas’s Three-Stripe Mark.

109. Skechers’s breach of its contractual obligations has damaged adidas, and 

Skechers’s ongoing breach of the 1995 Agreement by selling the Infringing Footwear bearing a 

confusingly similar imitation of adidas’s Three-Stripe Mark is inflicting irreparable harm on 

adidas.

PRAYER FOR RELIEF

WHEREFORE, adidas prays that:

1. Skechers and all of its agents, officers, employees, representatives, successors, 

assigns, attorneys, and all other persons acting for, with, by through or under authority from 

Skechers, or in concert or participation with Skechers, and each of them, be enjoined both 

preliminarily and permanently from:

a. using the Three-Stripe Mark or any other copy, reproduction, 

colorable imitation, or simulation of adidas’s Three-Stripe Mark 

on or in connection with Skechers’s goods;

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b. using the STAN SMITH Trade Dress or any other copy, 

reproduction, colorable imitation, or simulation of adidas’s STAN 

SMITH Trade Dress on or in connection with Skechers’s goods;

c. using the SUPERNOVA Mark or any copy, reproduction, 

colorable imitation, or simulation of adidas’s SUPERNOVA Mark 

or any mark that is a confusingly similar imitation of the 

SUPERNOVA Mark on or in connection with Skechers’s goods;

d. using any trademark, name, logo, design, or source designation of 

any kind on or in connection with Skechers’s goods or services 

that is a copy, reproduction, colorable imitation, or simulation of, 

or confusingly similar to adidas’s trademarks, trade dresses, 

names, or logos;

e. using any trademark, name, logo, design, or source designation of 

any kind on or in connection with Skechers’s goods that is likely 

to cause confusion, mistake, deception, or public 

misunderstanding that such goods or services are produced or 

provided by adidas, or are sponsored or authorized by adidas, or 

are in any way connected or related to adidas;

f. using any trademark, name, logo, design, or source designation of 

any kind on or in connection with Skechers’s goods that dilutes or 

is likely to dilute the distinctiveness of adidas’s trademarks, trade 

dresses, names, or logos;

g. passing off, palming off, or assisting in passing off or palming off 

Skechers’s goods as those of adidas, or otherwise continuing any 

and all acts of unfair competition as alleged in this Complaint; and

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h. advertising, promoting, offering for sale, or selling the Infringing 

Footwear or other similar goods.

2. Skechers be ordered to cease offering for sale, marketing, promoting, and selling, 

to remove from its retail stores, and to recall all products sold under or bearing a confusingly 

similar imitation of the adidas Marks, which are in Skechers’s possession or have been shipped 

by Skechers or under its authority, to any customer, including but not limited to, any wholesaler, 

distributor, retailer, consignor, or marketer, and also to deliver to each customer a copy of this 

Court’s order as it relates to said injunctive relief against Skechers; 

3. Skechers be ordered to deliver up for impoundment and for destruction, all 

footwear, bags, boxes, labels, tags, signs, packages, receptacles, advertising, sample books, 

promotional materials, stationary, or other materials in the possession, custody or under the 

control of Skechers that are found to adopt, infringe, or dilute any of adidas’s trademarks, trade 

dresses, or that otherwise unfairly compete with adidas and its products; 

4. Skechers be compelled to account to adidas for any and all profits derived by 

Skechers from the sale or distribution of infringing goods as described in this Complaint; 

5. adidas be awarded all damages caused by the acts forming the basis of this 

Complaint; 

6. Based on Skechers’s knowing and intentional use of the adidas Marks and 

confusingly similar imitations of the adidas Marks, the damages awarded be trebled and the 

award of Skechers’s profits be enhanced as provided for by 15 U.S.C. § 1117(a) and (b); 

7. Skechers be required to pay to adidas the costs and reasonable attorneys’ fees 

incurred by adidas in this action pursuant to 15 U.S.C. § 1117(a) and the state statutes cited in 

this Complaint; 

Case 3:15-cv-01741-JE Document 1 Filed 09/14/15 Page 34 of 35
35- COMPLAINT

21184-0111/127843147.1

Perkins Coie LLP

1120 NW Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2222

Fax: 503.727.2222

8. Based on Skechers’s willful and deliberate infringement and/or dilution of 

adidas’s marks, and to deter such conduct in the future, adidas be awarded punitive damages; 

9. adidas be awarded prejudgment and post-judgment interest on all monetary 

awards; and 

10. adidas have such other and further relief as the Court may deem just. 

JURY TRIAL DEMAND

adidas respectfully demands a trial by jury on all claims and issues so triable.

DATED: September 14, 2015 PERKINS COIE LLP

By: s/ Stephen M. Feldman

Stephen M. Feldman, OSB No. 932674

SFeldman@perkinscoie.com

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Telephone: 503.727.2000

Facsimile: 503.727.2222

R. Charles Henn Jr. (pro hac vice pending)

chenn@kilpatricktownsend.com

Charles H. Hooker III (pro hac vice pending)

chooker@kilpatricktownsend.com

KILPATRICK TOWNSEND & STOCKTON LLP

1100 Peachtree Street, Suite 2800

Atlanta, GA 30309

Telephone: 404.815.6500

Facsimile: 404.815.6555

Attorneys for Plaintiffs

Case 3:15-cv-01741-JE Document 1 Filed 09/14/15 Page 35 of 35