Puma and Brooks have reached an agreement to dismiss respective lawsuits over shoe patents and trademark infringements, ending nearly three-years of litigation.
Both companies said in statements on Monday that the issues have been settled under a confidential agreement.
Last Friday, the brands filed a joint motion asking a federal judge in Seattle to dismiss both cases with prejudice, ensuring there won’t be future lawsuits about the original claims.
The dispute began in July 2022 when Puma filed a suit against Brooks alleging that its right to use the “Nitro” wordmark was infringed upon in advertising and descriptions for midsole technology in shoes like the Brooks Glycerin 20, which was released that year.
Puma’s lawsuit claimed use of “Nitro” would confuse consumers shopping for competing running shoes and said Brooks replicated its custom foam technology in its Aurora-BL footwear.
“In late 2021, Puma became aware that Brooks began using NITRO to advertise its running shoes,” a claim in the original suit read. Puma also noted that Brooks promoted a party during The Running Event trade show in Texas, with the term “Party on Nitro” on invitations. References to “Nitro” also appeared on Brooks’ website and the hashtag “#RunOnNitro” was widely used by the company on social media.
An attempt to settle the disagreement was rejected by Brooks in December 2021, according to the lawsuit.
At the time, Brooks denied the claims and said the “Nitro” reference in its advertising was only a creative term for its midsole foam that is infused with nitrogen.
“Puma is abusing trademark law by seeking to prevent competitors from using the term ‘nitro’ to describe nitro-infused shoes,” a statement from Brooks read in July 2022.
However, the issues between the brands further escalated in June 2024 when Puma filed an additional suit in Seattle claiming that the Hyperion line infringed on a number of its patents.
Brooks categorized the second lawsuit as “baseless” and charged that Puma was seeking to capitalize on the momentum of the original patent claims.
But in September 2024, Brooks filed its own legal action in Virginia federal court, affirming that Glycerin line did not infringe on any Puma patents.
Both sides were largely quiet following Brooks’ 2024 lawsuit and Monday’s resolution ends a lengthy process between the brands.
Puma is based in Germany and Brooks has been an independent subsidiary of Berkshire Hathaway since in 2011.
