SAN FRANCISCO — A California basketball training school has filed suit against a major retailer for allegedly copying its trademark on athleisure apparel and athletic shoes.
Rise Basketball Skill Development LLC filed a complaint Aug. 25 in U.S. District Court for the Northern District of California against K-Mart Corp. and Risewear LLC, alleging that they violated a federal trademark law through fraudulent business practices.
According to the complaint, the plaintiff alleges that in 2010, Rise Basketball Skill Development LLC started selling athletic wear through a website in connection with its basketball training services. It also holds registrations for the "Rise" mark on its apparel. But in the spring of 2016, defendant K-Mart began selling basketball shoes produced by defendant Risewear bearing the infringing mark.
The plaintiff holds K-Mart Corp. and Risewear LLC responsible because the defendants allegedly caused confusion to consumers, capitalized on the plaintiff's fame and reputation, and used an infringing mark without authority.
The plaintiff requests a trial by jury and seeks judgment in its favor, preliminary injunction, accounting of profits, attorneys' fees, costs of action and further relief as the court may deem just. It is represented by Lawrence G. Townsend of Law Offices of Lawrence G. Townsend in San Francisco.
U.S. District Court for the Northern District of California case number 16-cv-04895