![training session at adidas HQ Herzo-Base](https://cdn.statically.io/img/www.sportico.com/wp-content/uploads/2024/07/GettyImages-2157258106-e1720524044121.jpg?w=1280&h=721&crop=1)
Adidas, lamenting that it and other “famous trademark owners” must expend “significant monetary” resources to combat counterfeiters, sued nearly 120 websites for trademark counterfeiting, infringement, cybersquatting, unfair competition and related claims last week.
The complaint, filed in a Florida federal court, takes aim at websites such as adidasemporium.com, profootballjersey.shop and jordan1best.com. These websites are owned and operated by persons residing outside the U.S., and they promote and sell counterfeits and “confusingly similar imitations” of Adidas footwear, shirts, shorts and other products bearing the famous three-stripe mark. The case has been assigned to U.S. District Judge Melissa Damian.
Adidas is seeking $2 million per each counterfeit trademark used and product sold in addition to permanent injunctions against the websites’ owners. The company also requests that Damian direct Internet service providers to cease hosting these websites as well as websites illicitly furnishing financial and technical assistance. In addition, Adidas would like Internet search engines to “permanently disable, de-index or delist” the URLs.
Adidas emphasizes not only are the counterfeit products fake, but they’re “of a quality substantially different” from the genuine product. Consumers, confused by the visual similarity, could be duped into buying the counterfeit and wrongly believe the inferior item was made by Adidas.
To that point, Adidas stresses it has significant interest in upholding positive perceptions about its brand. Adidas highlights its “long-term relationships” with athletic programs at Texas A&M, Louisville, Nebraska and Mississippi State and with such elite athletes as James Harden, Trae Young, Patrick Mahomes, Aaron Rodgers, David Beckman, Lionel Messi and Trae Young. Adidas also sponsors the World Cup and MLS teams.
The complaint seems to concede the logistical challenge of stopping counterfeit websites that are run by foreign individuals who are far outside the effective reach of U.S. law enforcement and American courts. Those individuals use aliases and provide false information during the website registration process. They also launch new websites after others are closed, creating what is sometimes called a “whack-a-mole” problem.
Adidas says it incurs sizable “legal fees” and “investigative fees” to mitigate the harm caused by counterfeiters. The company says the “exponential growth of counterfeiting over the Internet has created an environment” compelling Adidas and similar companies to spend heavily on protecting “consumers and themselves from the confusion and erosion of the goodwill embodied” in legitimate brands.
The Adidas lawsuit is the latest in legal efforts by footwear companies to protect their intellectual property. In March a federal judge advanced a lawsuit brought by Nike against Japanese fashion company A Bathing Ape (“BAPE”) over alleged trademark infringement in the sale of footwear. A month later, the two companies settled out of court.