IP Law Daily, TRADEMARK NEWS: Steve Madden seeks declaration to protect its sneaker designs from infringement claims by Adidas, (May 27, 2025)

By Carolin Dennis, B.Sc., LL.B., LL.M.

Complaint highlights Adidas’ alleged efforts to monopolize common design features via claims that footwear with any number of stripes or bands is likely to cause confusion with its Three-Stripe Mark.

Footwear designer Steven Madden, Ltd. (known popularly as “Steve Madden”) has filed a lawsuit against Adidas AG, Adidas America, Inc. and Adidas International Marketing BV (collectively, Adidas) in the U.S. District Court for the Eastern District of New York seeking a declaratory judgment of non-infringement and no unfair competition. Steve Madden claims that its footwear, low top, lace-up fashion sneakers with the Divergent Band Design and the K-Design, does not infringe any possible trademark or trade dress rights that Adidas may claim in its footwear (Steven Madden, Ltd. v. Adidas AG, No. 1:25-cv-02847-KAM-JAM (E.D.N.Y. filed May 21, 2025)).

For decades, the Three-Stripe Mark has been famous among consumers in the United States and is associated specifically with Adidas. Over the years, Adidas has managed to secure federal trademark registrations for the use of three parallel stripes in specific locations on certain items of sports clothing and shoes which Adidas refers to as “Three-Stripe Mark.” Steve Madden is a branded and private label company that provides a wide range of footwear, clothing and accessories, which are sold in interstate commerce in the United States. Adidas has aggressively enforced its trademark registrations against Steve Madden and others, who it believes infringes its purported Three-Stripe Mark, which it has refused to define. In 2002 Adidas brought two lawsuits against Steve Madden alleging that footwear with four-parallel stripes and two-parallel stripes infringed its Three-Stripe Mark. These lawsuits were consolidated and subsequently settled as set forth in a 2003 Settlement Agreement between the parties. After the 2003 Settlement Agreement, Adidas continued to complain about Steve Madden’s footwear over the ensuing decades.

On or about March 6, 2025, Steve Madden launched the VIENTO sneaker which includes the Divergent Band Design. On or about May 6, 2025, Steve Madden launched the JANOS sneaker which includes the K-Design. Now Adidas is complaining about the Divergent Band Design and the K-Design. On August 14, 2024, Steve Madden filed an application to register the K-Design with the United States Trademark Office for footwear (K-Design Application). On April 24, 2025, Adidas filed a request to extend the time to oppose the K-Design Application by 90 days. The Trademark Office granted the request, and the time to oppose the K-Design Application was extended to July 23, 2025. On or about May 9, 2025, Adidas contacted attorneys for Steve Madden through its lawyers alleging that the Viento shoes are likely to cause confusion with its purported Three-Stripe Mark and demanded that Steve Madden cease its sales.

Tired of being targeted by Adidas with regard to footwear with design elements that bear no resemblance to Adidas’ purported Three-Stripe Mark, and strongly believing that it has a right to sell footwear with the Divergent Band Design and the K-Design, because no consumer is likely to believe that the footwear including these designs is manufactured by, or otherwise associated with or approved by, Adidas, Steve Madden seeks a declaratory judgment of non-infringement and no unfair competition in this action.

According to the complaint, Adidas’ enforcement tactics are part of a strategy to intimidate competitors and seek to maintain monopoly power over any number of stripes on footwear and clothing in any orientation or positioning. Adidas’ assertive enforcement measures often include suing and threatening suit against manufacturers and retailers of footwear and apparel who use any number of stripes or bands in any manner that Adidas contends is likely to cause confusion with Adidas’ purported Three-Stripe Mark.

Steve Madden argues that consumers purchase Steve Madden footwear because of the outstanding reputation it has earned for high quality, stylish footwear. Further, Steve Madden owns numerous trademark registrations for its footwear, clothing, and fashion accessories. Additionally, the well-known STEVE MADDEN mark appears prominently on all Steve Madden retail stores, on Steve Madden’s website, and on all products Steve Madden sells, particularly its footwear. Thus, consumers cannot purchase Steve Madden’s footwear without encountering the STEVE MADDEN trademark, making it unlikely that consumers would confuse the two brands.

Additionally, Steve Madden highlights that the use of band designs on footwear is ubiquitous in the fashion industry. Steve Madden argues that consumers are not likely to associate all footwear bearing two bands with Adidas. An average consumer will perceive the difference between three stripes and the Divergent Band Design and K-Design.

Steve Madden contends that it has not attempted to capitalize on the goodwill or reputation of Adidas by using the Divergent Band Design and K-Design on its footwear.

Relief sought. In its lawsuit, Steve Madden seeks several forms of relief from the court. First, it asks the court to declare that it has not infringed any registered trademark or common law trademark owned by Adidas with respect to the Divergent Band Design and K-Design. Further, it asks the court to declare that it has not infringed any trade dress owned by Adidas with respect to its Three-Stripe Mark. Additionally, Steve Madden requests the court to declare that it has not engaged in any acts of unfair competition in connection with its advertising, marketing, distribution, or sale of footwear bearing the Divergent Band Design and K-Design. The lawsuit also seeks attorney fees, costs, and any other relief deemed just and proper.

The case is No. 1:25-cv-02847-KAM-JAM.

Judge: Matsumoto, K.

Attorneys: Tonia A. Sayour (Wolf Greenfield & Sacks, PC) for Steven Madden, Ltd.

Companies: Steven Madden, Ltd.; Adidas AG

News: Trademark NewYorkNews