Feb 24 - Puma and Berkshire Hathaway's ( BRK/A )
Brooks Sports have agreed to settle litigation over
claims that Brooks' running shoes violated Puma's patent and
trademark rights, according to filings in Washington federal
court.
Puma and Brooks asked a federal judge in Seattle on Friday
to dismiss the cases with prejudice, which means they cannot be
refiled. A Puma spokesperson said on Monday that the dispute had
been resolved under confidential terms.
Attorneys and spokespeople for Brooks did not immediately
respond to a request for comment and more information on Monday.
Germany-based Puma sued Brooks in 2022, alleging a Brooks ad
campaign using "Nitro" to advertise its running shoes violated
Puma's rights in the name, which it uses with competing running
shoes. Puma also said in the lawsuit that Brooks' shoes
infringed a design patent covering the foam-molding technology
Puma uses in its Nitro shoes.
Brooks denied the allegations and said it used "Nitro"
solely to describe its shoes' nitrogen-infused midsoles.
Puma sued Brooks again in Seattle last June, alleging
Brooks' Hyperion running shoes infringed several other patents.
Brooks denied the allegations and called the lawsuit a "baseless
action" to "harass Brooks and seek leverage in the parties'
ongoing trademark dispute."
Brooks separately sued Puma in Virginia federal court last
September, seeking an order that its Glycerin running shoes did
not infringe Puma patents. Brooks told the court in a filing
last Wednesday that they had settled the case in principle.
The Washington cases are Puma SE v. Brooks Sports Inc, U.S.
District Court for the Western District of Washington, Nos.
2:23-cv-00116 and 2:24-cv-00940.
For Puma: Johanna Wilbert, Michael Piery, Matthew Holohan
and Kent Dallow of Quarles & Brady
For Brooks: Geoffrey Potter, Aron Fischer, Lachlan
Campbell-Verduyn and Jay Cho of Patterson Belknap Webb & Tyler
Read more:
Puma accuses Brooks of infringing 'Nitro' running shoe
trademark
Brooks sues Puma in running-shoe patent dispute