Athletic shoe manufacturer uses survey data to prevail against retailer

Our client manufactured a line of men’s and women’s athletic shoes with a registered trademark that was incorporated into the design of the shoes. A discount shoe retailer was selling a line of shoes with decorative elements that closely resembled our client’s registered marks, but which also carried the logo of an athletic apparel maker. We conducted a survey that showed significant post-sale confusion between our client’s shoes and those sold by the discount chain. In addition, our survey showed how the use of the apparel maker’s logo affected the mistaken identification of the discount retailer’s shoes. The matter was resolved when the retailer agreed to stop selling shoes with markings that resembled our client’s registered mark.