K-Swiss Inc. v. USA Aisiqi Shoes Inc.

ORDER GRANTING PLAINTIFF’S APPLICATION FOR A PRELIMINARY INJUNCTION

This Matter comes before the Court on Plaintiffs Application for a Preliminary Injunction against Defendants. After reviewing and considering the materials submitted by parties, the case file and oral argument, the Court GRANTS Plaintiffs application.

I. BACKGROUND

This is a trademark infringement action brought by Plaintiff K-Swiss Inc. (“K-Swiss”). K-Swiss is a manufacturer of athletic shoes, and the owner of several trademark registrations that depict a “five stripe” design, a “toe box” design, and a “shield device” logo. These marks have been used in the K-Swiss “Classic” design shoe for over 25 years, as well as on other styles of K-Swiss shoes.

The “five stripe” design consists of five diagonal stripes on both sides of each shoe. (Plaintiffs Ex Parte Application (“PI. Appl.”), at 2-3.) The “toe box” design is a “side-by-side set of two rectangular, stitched patterns running longitudinally from the front tip of the outsole back towards the lacing area of the shoe.” (Id., at 3.) The “shield device” logo has five stripes in which the striping runs from the lower left to the upper right or to the upper left…