You cannot take the ‘New’ out of New Balance: New Balance claims product infringement against Nautica

The sport and clothing apparel brand New Balance, has sought the recall of some Nautica products that it claims infringes its famous ‘N’ logo trade mark. The ‘N’ logo has been used by New Balance since 1976 with the launch of its iconic New Balance 320 skyrocket shoes.

New Balance states that the clothing apparel company Nautica’s recent collection featured the use of its ‘N’ logo on various items such as polo shirts and footwear. This has the potential of making the average sport consumer believe that Nautica’s recent collection is in collaboration with New Balance. As this is not the case, New Balance felt that Nautica had commercially gained from the use of its ‘N’ logo without its permission. Furthermore, the fact Nautica had infringed New Balance’s 247 patent for its shoe design was used as additional evidence of Nautica’s deliberate intent to infringed New Balance’s designs.  

New Balance have recently filed a suit of infringement with the US District Court for the District of Massachusetts against Nautica.

By Fatima Amedu