LOS ANGELES – A Los Angeles clothing maker is seeking judgment from the court that it did not infringe the Adidas trademarks.
Forever 21 Inc. filed a complaint on March 3 in the U.S. District Court for the Central District of California, Western Division against Adidas America Inc. and Adidas AG seeking declaratory judgment of noninfringement of trademarks and nonbreach of settlement agreement.
According to the complaint, the plaintiff alleges that on Feb. 28, 2017, it received a letter from defendants' counsel demanding that plaintiff discontinue all sales of certain clothing items containing stripes. The plaintiff alleges its use of stripes is only for ornamental, decorative and aesthetic functionality, and had no intent to deceive or confuse consumers as to its origin. The plaintiff claims it is not infringing the defendants' marks.
The plaintiff requests declaratory relief, costs, find case as exceptional, attorneys' fees and further relief as the court deems just. It is represented by Leah E.A. Solomon of Katten Muchin Rosenman LLP in Los Angeles and Floyd A. Mandell and Jeffrey A. Wakolbinger of Katten Muchin Rosenman LLP in Chicago.
U.S. District Court for the Central District of California, Western Division Case number 2:17-cv-01752