New Balance has filed a lawsuit against the parent company of running shoe brand Kiprun and alleges that the company’s logo on its performance running shoes closely resembles the iconic “N” logo it has used for decades.
In its suit filed on Tuesday in the U.S. District Court for the District of Massachusetts, New Balance claims that Decathlon uses a logo on Kiprun shoes that is “virtually identical” to its own mark, which it has used on its footwear since the 1970s.
New Balance also notes that Kiprun is specifically a performance running brand with models featuring a logo that can easily be confused with its own existing running shoes like the SuperComp Elite.
Kiprun currently has three models that use the logo which is under dispute, with its Kipstorm Lab, Kipstorm Elite and Kipstorm Tempo all bearing a mark that is prominently featured from the toe to middle of the uppers in black.
“Defendants are aware of New Balance’s trademark rights: Decathlon’s EU affiliates have sold New Balance products bearing the N Marks for many years,” New Balance said in its complaint. “And prior to the filing of this complaint, New Balance provided Defendants with express notice of New Balance’s rights and requested that Decathlon cease use of the Infringing Mark.”
The Boston-based sportswear company has asked that the Kiprun shoes with the logos no longer be sold and even claimed that when it approached Decathlon about the matter, it was told that the logos were different since the Kiprun mark is a “K”.
“Because of the nature of the sport, the “N” is designed to be more prominent in this category of shoes,” New Balance noted in its filing. “This association helps drive sales and increase goodwill. Because consumers encounter these products through sponsored athlete endorsement and event coverage, initial interest confusion and post-sale confusion are both likely and difficult to detect.”
Kiprun dates back to 2008 when it was introduced as a running-focused brand and originally featured designs by Kalenji, another Decathlon-owned subsidiary which launched in 2004. With the launch of the KIPRUN 1000 in 2010, the brand leaned heavily into being the performance footwear member of Decathlon’s stable and made its debut in the United States in April.
New Balance believes that consumers can easily be confused due to what it claims are similarities to its logo and says that some Kiprun shoe designs bear a resemblance to its own models. In addition to demanding that Decathlon stop selling shoes with the logos in question, New Balance is seeking damages and compensation for attorneys’ fees.
Meanwhile, New Balance also noted that it has spent over $1 billion on marketing worldwide in the past three years in major campaigns that emphasize the “N” logo prominently.
The company said it routinely uses the logo on its footwear, apparel, and accessories and has allowed third-party designers to have access to the mark as part of special collaborations with Aime Leon Dore, Miu Miu, Kith, Joe Freshgoods, JJJJOUND, District Vision, Action Bronson, Stone Island, Concepts, Amine, Slam Jam, AURALEE, BASKETCASE, Jack Harlow, Fugazi, TAG Heuer, Rich Paul, GANNI, Salehe, 13 and Sezane all creating products that incorporate the logo.
