The Manhattan Beach, Calif.-based company is seeking compensatory and punitive damages in addition to injunctive relief for Fila’s alleged breach of Skechers’ patent and trademark rights, dilution of its brand image, and unfair competition.
In the suit, Skechers claims that Fila is continuing to sell the copycat or confusingly similar products under the name “Amazen Memory Moc.”
Fila plans to defend the suit. “We believe that their claims are without merit, and we intend to defend the suit vigorously,” the company told FN.
The complaint filed by Skechers highlights the similarities between the GoWalk and Amazen shoes through sketches, photographs and notes, pointing out that the shoe uppers, toe caps, portal hole and stitching in the Fila shoe are “confusingly similar” to that of the Skechers GoWalk product.
It additionally claims that Fila’s use of its trademarks is likely to deceive consumers and cause confusion.
According to the suit, Skechers sent Fila a cease-and-desist letter in July 2013, following which Fila had agreed to cease manufacturing the product and redesign its shoe. However, a year later, the shoe is still available for purchase, the suit says.