Kmart fends off trademark suit over Risewear basketball brand

Last year, Rise Basketball Skill Development LLC (“Rise”) sued Kmart Corp., it’s parent company Sears Holdings Management Corp., and Risewear LLC (“Risewear”) in California federal court for copying Rise’s logos and producing a similar product for the basketball athleisure consumer. Rise specifically argued that Kmart’s “dunking basketball logo” infringed upon its “winged basketball logo.”Rise is a seller of core basketball training product online. Risewear is a brand sold by Kmart and Sears which is marketed as a “lifestyle athleisure brand that blurs the line between sportswear and every day wear.” To that end, its trademarked logo features a graphic of a basketball player dunking a ball to complete the word Rise.

Through a licensing agreement Sears began selling the Risewear product in Kmart and Sears stores and online in 2016. In response, Rise sued for trademark infringement and unfair competition.The court held a hearing last month and found Rise did not have enough of a case to continue the lawsuit. The court said even though priority registration is a factor in determining rightful owner, it is not the only test the court has to evaluate. The intellectual property rights for a registered mark officially kick in when the mark is used in commerce. Risewear was the first company to use the mark, not Rise, despite Rise registering its mark first.The court also pointed out that the standard for trademark infringement is whether the consumer would be confused by the similar product. The judge wrote that the Risewear logo was “starkly different” from Rise’s logo.The court also looked at channels of distribution, pointing out that Risewear was exclusively sold through Sears and Kmart while Rise is sold online through its own channels. While the product may be similar the customer would not be confused as to who made the product.Kmart won an order of summary judgement meaning the litigation will end and Risewear will continue being sold through its various channels of distribution at Sears and Kmart.

Related Posts

Boardriders plans to transfer Billabong’s European headquarters to Saint-Jean-de-Luz, France

Dave Tanner, CEO of Boardriders Inc. since last year, first built up a new management team. Now it is the turn of the two groups’ European headquarters…

Bangladesh exports up 9% in May on garment sales

From July to May, the first 11 months of the 2017-18 financial year, total exports rose 6.7 percent to $33.7 billion from a year earlier, said the…

Global retailers remain in crisis mode

Since the start of 2020, the STOXX Europe 600 Retail EUR Price Index has lost more than a fifth of its value. The equivalent index for European…

Inditex launches detergent designed to reduce microfibre release

According to the company, the innovative solution was developed by Inditex together with BASF Home Care and I&I Solutions in Spain and Germany. The detergent reduces microfibre…

Inditex, PVH, Euratex among members of new circular fashion consortium Cisutac

Cisutac members will start working on technological, industry-specific and socio-economic issues relating to sustainable fashion, concentrating on three areas: repairing, disassembling products and sorting used items to…

Indian e-retail market may see 250% growth in 3 years- Crisil report

The online shopping segment has trebled over the past three fiscals due to rising Internet penetration, awareness of online shopping as well as alluring deals and discounts.”After…