New Balance v Decathlon: Trade Mark Dispute Over Shoe Logo

New Balance has commenced proceedings against Decathlon in the United States over the alleged trade mark infringement of its distinctive “N” trade marks. The proceedings concern the logo used on Decathlon’s KIPRUN running shoes which New Balance alleges is confusingly similar to its long-established “N” mark.

New Balance’s Trade Mark Infringement Claim

New Balance claims that it has used the “N” on its footwear since the 1970s and has invested heavily in promoting its marks. They allege that Decathlon’s KIPRUN footwear uses a design which, when viewed in a particular orientation, can be perceived as an “N” rather than the “K” that Decathlon says it represents.

The complaint seeks an order preventing further use of the disputed design, as well as the removal of affected products and monetary damages. New Balance has also referred to consumer reactions concerning the similarity between the competing footwear designs as part of its case.

When Does a Shoe Logo Create a Likelihood of Confusion?

The dispute highlights the importance of considering the overall impression created by a trade mark, particularly where a brand has built a strong association between a device and its goods. A mark does not necessarily need to reproduce an earlier trade mark exactly for similarity and potential consumer confusion to become an issue.

Why Trade Mark Clearance Matters for New Logos

For businesses, the case also demonstrates the importance of trade mark clearance when developing logos for new products. Where a proposed mark contains a simple or commonly used element, businesses should consider not only its intended meaning but also how it may be perceived by consumers alongside established marks in the relevant market.

For more information please contact James Tansey.

The content of this article is provided for information purposes only and does not constitute legal or other advice.