Brooks v Brooks trade mark dispute

Well known sports retailer Brooks Sports Inc. is suing clothing apparel company Brooks Brothers Group Inc. over trade mark infringement.

In December 2019, clothing retailer Brooks Brothers applied to trade mark the word ‘Brooks’ in a number of classes in connection with ‘all-purpose sport bags and retail store services and online retail store services featuring clothing and sporting goods’ among other goods and services. Unsurprisingly, Brooks Sports contested the application and soon after filed documents to the U.S District Court of Washington in a bid to prevent Brooks Brothers from using ‘Brooks’ alone despite peacefully co-existing for more than a century.

The complaint saw the sports retailer claiming that the use of ‘Brooks’ on its own will cause confusion amongst consumers and “undermine the 1980 coexistence” trade mark agreement between the two retailers.

In a statement released by the CEO of Brooks Sports, Jim Weber said: “We will aggressively protect our intellectual property and defend the investment that’s created our valuable brand.”

Brooks Sports is seeking injunctive relief and damages for breach of contract.

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