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I KNOW WHAT YOU DID LAST SUMMER “My Adidas
Nightmare”
H. Louis Baldwin, Jr. is the small business
owner of Mad Hops Ltd., a vertical leap exercise program and
basketball apparel company. Baldwin is also the owner of the Federal
Trademark of Mad Hops and its website, http://www.MADHOPS.com.
These days Baldwin is hoppin' mad which he expresses in a
lawsuit filed against Adidas on November 29, 2000 in Franklin County
Ohio. Charges by Mad Hops. Ltd. against Adidas includes federal and
state trademark infringement and dilution.
Apparently Adidas
manufactured and promoted a basketball shoe named “Mad Hops” last
summer. The Adidas “Mad Hops” was featured in well- known sports
mags such as “SLAM”, the one Baldwin himself spotted it in…..OUCH!
This was clearly an infringement on Baldwin's trademark
rights. A cease and desist letter was immediately sent to
Adidas.
Prior to Adidas finding itself involved in a lawsuit,
claims of trademark violation to Mad Hops, Ltd. was denied. In spite
of Adidas’ stand, Adidas was willing to “entertain” an offer from
Mad Hops, Ltd. so a $1.5 million figure was bounced onto the
court by Mad Hops, Ltd.. Adidas replied with yet another letter
claiming that it would agree to settle the matter amicably between
both parties. A time frame (approximately two weeks) for
resolving the matter was agreed upon by both parties. Right before
the deadline rolled out of bounds Adidas slapped Mad Hops, Ltd. with
an injunction order to stop them from filing suit. The order was
filed in the state of Oregon (the home of Adidas’ American
Headquarters).
Adidas failed in
its attempt to intercept Mad Hops, Ltd.’s actions when in February
2001 Cupid shot his arrow delivering a case dismissal to Adidas,
which put the ball back in Mad Hops, Ltd.’s court. Soon after,
the shoe design in question was removed from retailer’s
shelves.Just when Baldwin thought it was safe to go back into the
water, once again he’s bitten by Adidas. There the shoe sat on a
promo pedestal in a well-known discount retail department store.
Adidas’ use of the name “Mad Hops” could hurt Mad Hops Ltd.’s
ability to market shoes as part of it’s lineup of Mad Hops apparel
(that sentence alone confused you enough to want an instant replay,
huh). Just imagine how confusing this might be to the consumer.
Adidas has had years to establish its name while Mad Hops Ltd.
is only three years old. A consumer might mistake Mad Hops Ltd. as
the copycat in this ordeal. Nonetheless, Mad Hops Ltd., continues
its battle anticipating Adidas to foul out soon.
Joylynn Jossel Author of “Please Tell Me If The Grass
Is Greener”
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