Riding The Trademark Tailwind

by Tamera H. BennettMay 9, 2007

tailwind-logos.jpg

TOP: Payless/Exeter Shoe BOTTOM: Brooks Shoe

Brooks Sports, Inc. filed a lawsuit on Friday, May 4, 2007 against Payless ShoeSource and Exeter Brands Group (a subsidiary of Nike, Inc.) alleging trademark infringement over a "boomerang" shaped logo.

According to Brooks' Federal Trademark Registration, they have been using the logo (featured on the shoe in the bottom of the picture) in interstate commerce since July 2000. Brooks' trademark registration is for the following goods: shoes, footwear, shirts, pants, jackets, hats, shorts, tights and T-shirts. In January 2007 Nike filed two intent to use trademark applications for a composite mark of the symbol with the words "Tailwind."

Brooks' complaint alleges federal trademark infringement, unfair competition under the federal Lanham Act, state unfair competition under the Washington statute; and state common law unfair competition.

Read the Complaint

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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