Sportswear maker Wooter has sued Dick's Sporting Goods (DKS.N) in New York federal court over similarities between its logo and the logo for Dick's women's clothing brand Calia.
Wooter said in a trademark lawsuit filed on Tuesday that Calia's logo is virtually identical to its infinity-symbol branding and likely to cause customer confusion.
Representatives for Dick's did not immediately respond to a request for comment on Wednesday.
The U.S. Patent and Trademark Office said in response to the sports chain's federal trademark application that its logo could cause confusion with Wooter's. Wooter attorney Robert Garson said on Wednesday that the PTO's response should have been felt as "a shot across the bow" to Dick's.
"It reeks of big business versus smaller business, and they can do whatever they like," Garson said. "But there are consequences."
Staten Island, New York-based Wooter makes custom jerseys, uniforms and other sports-related apparel. The company said it works with more than 12,000 sports groups from 40 countries.
Dick's started its Calia line in 2015 in collaboration with country singer Carrie Underwood, who left the brand in 2021. Wooter said in the lawsuit that Calia uses an infinity-symbol logo that is nearly identical to its own, the only difference being the thickness of the logos' lines.
Wooter told the court that Dick's was likely to create consumer confusion based on the similarity of their trademarks and the companies' overlapping athleticwear markets. Wooter also said that it has received messages from customers who mistakenly thought Calia products were made by Wooter.
Wooter asked the court for at least $8 million in damages and an order blocking Dick's alleged infringement.
Meta Platforms and the blockchain nonprofit Dfinity Foundation settled a trademark lawsuit over their own infinity-symbol logos in February following a judge's ruling last year that Meta's logo was unlikely to confuse consumers.
The case is Wooter LLC v. Dick's Sporting Goods Inc, U.S. District Court for the Eastern District of New York, No. 1:23-cv-07931.
Editor: IPR Daily-Horace