Balance Athletica to Change Name Following New Balance Lawsuit – WWD – Pen 18

Balance Athletica, a Denver-based athletic brand, has agreed to change its name After New Balance Athletics Inc., filed a trademark infringement lawsuit against it last November.

According to court papers filed in Massachusetts in November 2020, New Balance said that Balance Athletica used the confusing identical mark “to sell similar goods to the same consumers using the same marketing channels…” It said that Balance Athletica’s use of the mark “appears to be part of a larger plan to deliberately introduce free rides on New Balance’s well-known brand.” New Balance said that Balance Athletica filed a trademark application with the United States Patent and Trademark Office to “obtain balance” for other products and for the apparel. But “since the late 1990s,” New Balance has used the “Achieve with New Balance” sign exclusively on its ads and on its products. And the “Achieve” mark has been on almost every one of the millions of shoeboxes he’s sold.

The case was closed in September 2021 and on Monday Balance Athletica said it was changing its name to Vitality. Balance Athletica made no mention of the New Balance lawsuit. A spokesperson for Balance Aesthetica said the two sides settled the matter on agreed terms, but declined to comment further. Amy Dow, director of public relations and government affairs for New Balance, said: “New Balance is pleased to resolve this matter on mutually agreed terms.”

Vitality is a family-owned and operated company that was formed four years ago by Taylor Dilk, Steve Dilk and Chloe Chamberlain. The name change will become official on the brand’s e-commerce sites, social media platforms and products starting in April.

New Balance has been diligent in protecting its trademarks and last year also sued Michael Kors and Olympia over an “N” on shoes they used on two sneaker models, claiming it infringed their trademarks. does. That matter is still pending.

Last February, New Balance was awarded $3.85 million in a trademark case against New Barlun, a Chinese sportswear company that had been trading on its name and various trademarks for more than 15 years.

New Balance was founded in 1906 in the Brighton neighborhood of Boston by William Riley, a 33-year-old Englishman living in the States, who created the New Balance Arch Company to manufacture arch supports to improve shoe fit. He based the design on the chicken’s three-toed leg that provided the bird with the right balance and copied the design by creating an arch with three support points in the insole. The company made its first pair of running shoes in 1938. It is privately owned.

Originally published at Pen 18