Skechers files lawsuit against Steve Madden alleging ‘S’ trademark infringement

Steve Madden lawsuit overview:

• Who: Skechers has filed a trademark infringement lawsuit against Steve Madden.
• Why: Steve Madden allegedly infringed upon Skechers’ trademark by placing an “S” logo on the sides of its Kennie sneaker that Skechers says is likely to confuse consumers.
• Where:  The Skechers lawsuit was filed in California federal court.

Skechers alleges Steve Madden engaged in willful trademark infringement and dilution by placing an “S” mark on a sneaker that resembles Skechers’ familiar mark, according to a Steve Madden lawsuit filed June 20 in California federal court.

Skechers says it has invested hundreds of millions of dollars over the past three decades to develop and promote its brand. The shoe company says it has obtained registrations from the U.S. Patent & Trademark Office for various versions of its stylized “S” mark, which it places on the side of many of its shoes.

The Skechers lawsuit says Steve Madden is aware of the well-known “S” mark on Skechers shoes, yet used a confusingly similar “S” mark on its Kennie sneaker.

“The logo used by Madden on the infringing Madden shoe is substantially similar to Skechers’ ‘S’ marks, as it is essentially a stylized ‘S’ of similar (if not nearly identical) proportions and thicknesses to multiple logos used by Skechers,” the Steve Madden lawsuit alleges.

Skechers notes that Madden’s “S” mark is rotated slightly counterclockwise from Skechers’ typical “S” mark and is placed in the same location that Skechers usually places its marks.

Steve Madden ‘S’ logo likely to confuse consumers, Skechers lawsuit says

The Kennie sneaker with the allegedly infringing “S” mark is marketed to the same consumers through the same channels as Skechers shoes, making it “highly likely” that consumers will be confused as to whether Skechers is involved with the Madden shoes, the Steve Madden lawsuit says.

The Skechers lawsuit claims that, even if consumers are not confused by the similar logo, “Madden’s unauthorized use of a mark that is substantially similar to those of Skechers dilutes the distinctiveness of Skechers’ famous ‘S’ marks, in violation of both state and federal law.”

Earlier this month, a group of music publishers filed a copyright infringement lawsuit against Twitter for allowing copyrighted music to be posted on its website by users who have not obtained the appropriate licenses for the music.

What do you think about the Skechers lawsuit? Join the discussion in the comments!

Skechers is represented by Daniel M. Petrocelli and Jeffrey A. Barker of O’Melveny & Myers LLP.

The Steve Madden lawsuit is Skechers USA Inc., et al. v. Steve Madden Ltd., et al., Case No. 2:23-cv-04869, in the U.S. District Court for the Central District of California, Western Division.

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