Skechers Can Run Ahead With Three-Striped Sneaker, Court Says

摘要

Skechers USA Inc. can keep selling its Cross Court shoe, even though a federal appeals court said it likely infringes Adidas America Inc.'s three-stripe trademark. The U.S. Court of Appeals for the Ninth Circuit said Adidas could not show irreparable harm and reversed a preliminary injunction blocking the sale of Cross Courts. Plaintiffs must show both irreparable harm and that they're likely to win their infringement case to receive a preliminary injunction. The decision highlights the difficulty in proving irreparable harm in trademark cases.