In 2001 Collective Brand's Inc. was sued by Adidas, claiming that Collective's shoe sporting two or four stripes infringed their distinctive three stripe-mark shoes. Out of 262 pairs of shoes, Adidas won it's claim of trademark infringement as against all but one Lot No. 9055. The jury found that Collective Inc. was guilty to an amount of $76.5 million. With simple check marks answering "yes" to trademark infringement, trade dress infringement, trademark and trade dress dilution, federal and state, deceptive trade practices, Collective's fate was sealed. Martin Schwimmer links to an interesting blog by Rebecca Tushnet's 43(B)log who addresses the issues of the value here of surveyed goods v. 'accused goods', bad faith, confusion, dilution and aesthetic functionality.
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