New Balance Is Taking Converse to Court

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Complex Original

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It's getting hard keeping track of all the sneaker wars going on lately. The latest company going to court is New Balance, who is looking for a "declaration of non-infringemnt" from Converse's earlier trademark claims.

The conflict stems from the similar appearance of the PF Flyers to the Converse Chuck Taylor All-Stars. Both sneakers are made from all canvas uppers with rubber soles and toes. Early this year Converse filed a lawsuit looking to protect its iconic Chuck Taylor All-Star from what they called imitations. Apparently, the PF Flyer was among those shoes listed. According to New Balance, who purchased the PF Flyer in 2001, the brand went to Converse looking for a settlement between the two companies but was surprised when nothing could be reached. In a filing to the courts, New Balance representatives said the following:

"A fair reading of (a recent Converse International Trade Commission) complain...reveals that Converse asserts trademark rights that, if upheld by the Commission, may improperly affect PF Flyers' ability to compete with Converse. Equally as troubling, Converse's ITC complaint seeks a "general exclusion order" that purports to target the named respondents, but is broadly written so as to also potentially exclude long-time legitimate competitors, such as PF Flyers."

"Given the parties' mutual standing in the athletic footwear industry and the absence of any consumer confusion between their products, New Balance reached out to Converse in an attempt to clarify and memorialize the scope of Converse's enforcement actions as excluding PF Flyers. New Balance's concerns with the scope of Converse's enforcement actions were apparently well-founded. Not only did Converse refuse to carve out PF Flyers, but it threatened to amend the ITC Action to add New Balance as a respondent and to otherwise seek to enjoin the sale of PF Flyers products. Subsequent efforts to avoid this dispute have been unsuccessful."

Wherever this goes, it's been a particularly troubling year for sneaker brand relations. In addition to Converse's earlier lawsuit against multiple brands, you may remember Nike suing three of its former designers for allegedly leaking confidential information to arch-rival adidas. Keep it with Sneaker Report for more news on the New Balance-Converse conflict, as well as any other sneaker wars in the new year.

[Boston Business Journal]

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