Adidas Tells Judge Wal-Mart Sport Shoes Aren’t Fit to Run In
juillet 2nd, 2009 by seodj3Adidas Tells Judge Wal-Mart Sport Shoes Aren’t Fit to Run In
June 18 (Bloomberg) — Adidas AG, the world’s second- largest sporting-goods maker, told a U.S. judge that Wal-Mart Stores Inc.’s “ gucci shoes” shoe models might injure runners and shouldn’t be advertised to athletes.
At least two Wal-Mart athletic shoe models are built with substandard materials and fell apart during simulated running tests, Adidas shoes claimed in court papers filed June 13 in federal court in Portland, Oregon.
The Adidas shoes “could potentially injure short- and long- distance runners,” Norbert Teston, a quality-assurance manager for Adidas’s U.S. unit, said in the filing. “They are, quite simply, not suitable to run in.”
The tiffany jewelry is among several in a three- year-old trademark-infringement suit accusing the world’s largest retailer of copying Adidas’s three-stripe motif on shoes. A jury trial is scheduled to begin Oct. 6.
Nike dunk, based in Herzogenaurach, Germany, claimed packaging for Wal-Mart’s “Johnny” and “Carson” models misleads consumers by using photographs of joggers and using action words including “performance.”
One Timberland boots was heavily damaged during a 120-mile (193 kilometer) simulated run, according to Teston’s declaration. The other model didn’t complete the test performed by Adidas because it fell apart after 97 miles, he said. Adidas’s shoes are required to complete the same test without significant wear.
Wal-Mart filed a motion on May 16 asking U.S. District Judge Anna Brown to dismiss the claim.
“Adidas is unable to put forth any evidence to show that Wal-Mart’s use of the words `running’ and `performance’ and the image of a jogger on limited product packaging for athletic footwear is false,” Wal-Mart said in the filing.
The suit, filed in 2005, claims Bentonville, Arkansas-based Wal-Mart “maliciously” sold hundreds of thousands of imitation tiffany rings in violation of a 2002 settlement that barred it from offering “confusingly similar” products.
A shopper, “when faced with aisles and aisles of footwear at a Wal-Mart store, is more likely to be attracted to the chanel handbags after seeing the stripes because of that mark’s familiarity,” Adidas claimed in court filings.
Wal-Mart spokeswoman Daphne Moore didn’t immediately return a call today for comment.
Nike Inc., based in Beaverton Oregon, is the world’s largest sporting-goods maker.
The case is Adidas America Inc. v. Wal-Mart Stores Inc., 3:05-cv-01297, U.S. District Court, District of Oregon (Portland).
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