Brooks Brothers Files Counterclaim Against Brooks Sports
Brooks Brothers Group Inc. announced that it has filed a response and
counterclaim against Brooks Sports, Inc. for breach of contract,
trademark infringement, dilution and unfair competition. The lawsuit
seeks to eliminate potential consumer deception or confusion caused by
Brooks Sports by intentionally dropping its logo in association with its
brand name — which is in direct violation of a long-standing
co-existence agreement between the two companies.
As reported,
Brooks Sports on February 11 filed a lawsuit seeking to stop Brooks
Brothers from using the Brooks trademark on its stores and products. The
lawsuit reportedly came after Brooks Brothers filed new trademark
applications to use Brooks alone, without the word Brothers, on eight
categories of goods, including clothing, sporting goods and accessories
for athletics.
In its statement, Brooks Brothers said it was
Founded by Henry Sands Brooks in New York City in 1818 and is America’s
oldest apparel company. The Brooks Brother trademark was established in
1854. For over two centuries the company has been recognized as a global
lifestyle brand offering a wide range of clothing, sportswear and
accessories that have defined American style. Brooks Brothers has also
invented some of fashion’s most iconic items, many of which take origins
in sports apparel, such as its Original Polo Button Down shirt. As a
result of its long history and widespread fame, the name Brooks has
become synonymous with Brooks Brothers not only within the apparel
industry but also in the media, popular culture, literature and to
consumers alike.
In
the 1970’s, Brooks Sports Inc. began selling running shoes under the
mark Brooks, prompting an objection by Brooks Brothers and eventually,
in 1980, a coexistence agreement providing that Brooks Sports could use
Brooks alone for athletic shoes, but could only use Brooks on athletic
clothing if combined with a logo or other word, according to Brooks
Brothers.
Brooks Brothers wrote in its statement, “After nearly
40 years of co-existence based on these terms, Brooks Sports has
breached the agreement by dropping its logo and filing for the word
Brooks alone for a variety of apparel items, selling t-shirts and hats
displaying Brooks without its logo, and filing a lawsuit against Brooks
Brothers.
“In order to protect its internationally renowned
trademark and prevent consumer confusion between the companies’
respective brands, Brooks Brothers has opposed Brooks Sports’ newly
filed applications around the world and filed a counterclaim in federal
court to enforce the terms of the contract.”
-
Previous:
-
Next: