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Adidas steps on the toes of Art Basel in sneaker lawsuit BlogArt Law & More

Adidas steps on the toes of Art Basel in sneaker lawsuit Footwear company Adidas is alleged to have tread all over Art Basel’s good name by creating an unauthorised Art Basel-themed sneaker according to a lawsuit filed by the international art fair on May 30 in Florida. MCH Swiss Exhibition (Basel) Ltd, which owns the modern and contemporary art fair has accused Adidas of breaching copyright by producing a line of sneakers emblazoned with an “Art Basel” label without its permission. It is suing the footwear brand for injunctive relief and damages for copyright infringement, false association, deceptive and unfair trade practice, unjust enrichment and dilution of its trademark. MCH also wants all remaining Art Basel sneakers to be destroyed. In its complaint, MCH contends that Adidas have capitalised on the appeal of the lucrative Art Basel brand, which it claims has “ garnered significant and widespread recognition ” and “ extremely valuable goodwill ”. It also stated that the art fair is estimated to have brought together over US$3 billion (£2 billion) worth of art at its 2016 Miami edition. While not produced for sale, the infringing shoes were distributed at Adidas promotional events in Miami and Miami Beach during the most recent Art Basel Miami fair in December 2016. This included a choreographed dance event on 30 November during which at least 500 pairs of the sneakers were said to have been given away for free to the public. Following the close of Art Basel Miami, the sneakers have continued to appear for sale on eBay and YouTube for as much as US$250 a pair (£194). The shoes have also turned up on various sneaker enthusiast websites. A spokeswoman for Adidas declined to comment on the lawsuit.

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Puma has been dealt yet another blow in its case against Forever 21. After losing the first round of proceedings in the lawsuit that it filed against Forever 21  in March for allegedly infringing its copyright, patent, and trademark rights in three of the footwear designs from its Fenty collection, Puma has been handed another unfavorable decision: The court will not force the fast fashion giant to pull the allegedly infringing footwear from its shelves. รองเท้าส้นเตารีด ยี่ห้อไหนด In ruling on the preliminary injunction matter this week, Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California held that Puma failed to meet its burden in demonstrating that such relief is warranted, and instead bases its claims on “unsupported and largely speculative assertions of harm.” According to Gutierrez, “Other than some exhibits containing website printouts and news articles concerning Forever 21, Puma submits no additional evidence of harm. He further stated, “Puma has adduced no evidence that its brand value has been diminished or that monetary damages are insufficient.” (Note: In seeking a preliminary injunction, Puma was arguing that money damages – which it is also seeking – are not enough, as it is allegedly suffering “irreparable harm” as we speak due to Forever 21’s continued sale of the footwear at issue). The move comes after Gutierrez refused to grant the German sportswear giant's temporary restraining order , which would have provided a more immediate bar against Forever 21 continuing to sell the allegedly infringing shoes. A preliminary injunction was, therefore, a last-ditch effort, so to speak, for which Puma had to wait two months. Interestingly, the potential implications of the court’s most recent decision are not just limited to the case at hand.

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