ACI INT'L. INC. v. Adidas-Salomon AG

RULING ON COUNTERCLAIM DEFENDANTS’ MOTION TO DISMISS

The present motion address causes of action set forth in a counterclaim filed by defendant adidas-Salomon AG and adidas, America, Inc., (“adidas”) alleging that Plaintiffs and counter-defendants, ACI International and Ocean Pacific Apparel Corp. (collectively “ACI”), have offered for sale and sold shoes bearing features that are confusingly similar imitations of adi-das’ trademark diagonal three stripes. ACI now moves the Court pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss adidas’ counterclaims on the theory that there is not, and cannot be, any actionable consumer confusion, nor dilution regarding the source of ACI’s two-stripe shoes. After considering the moving papers, the Court concludes that this motion is capable of resolution without the argument of counsel. Accordingly, the Court hereby VACATES the March 7, 2005 hearing now scheduled in this matter. See Fed. R. Civ. P. 78; Local Rule 7-15. For the reasons set forth below, the Court DENIES ACI’s motion to dismiss adidas’ counterclaims.

I. BACKGROUND

Adidas alleges the following facts in its counterclaim.

Adidas manufactures and distributes athletic footwear,…