Dive Brief:
- Columbia Sportswear is suing Columbia University for trademark infringement, unfair competition and breach of contract, according to court documents filed last week.
- Attorneys for Columbia Sportswear say the university is in breach of a written agreement between the parties over the sale of apparel merchandise. The two groups entered a written agreement in 2023 that the university would not use the “Columbia” name alone.
- Last year, Columbia University’s webstore offered for sale shirts, sweatshirts and hats that bare the word “Columbia” on its own, which attorneys for Columbia Sportswear say violate the contract and its trademark rights.
Dive Insight:
Columbia Sportswear is seeking a jury trial in the complaint against Columbia University. It also asks that the university be prevented from using the trademark name alone on apparel and accessories, along with recalling any such products currently in the university’s possession. The brand also is seeking monetary damages.
In 2023, the sportswear company said the two groups entered a written agreement whereby the university could use the “Columbia” name, for which the sportswear company has a trademark, if the name was used with one other distinguishing mark associated with the university, such as its shield, crown or lion mascot logo, or words, such as “university,” “Columbia Law,” or its year of founding.
The lawsuit was filed last week in the U.S. District Court for the District of Oregon. Columbia Sportswear is headquartered in Portland, Oregon.
Some of the Columbia University apparel mentioned in the lawsuit include the Nike and Champion logos, which attorneys for Columbia Sportswear say can create customer confusion and a false association between Columbia Sportswear and its competitors.
“Though Columbia Sportswear and Nike are headquartered in the same State and are both highly reputable sporting apparel designers and have a generally friendly relationship, the two companies have never collaborated to jointly design, manufacture, market, or sell any product,” the complaint says. “A consumer looking at the Infringing Merchandise would never know that, and, in fact, would reasonably be induced into believing the companies had.”
A Columbia University spokesperson declined to comment on the pending litigation.
It’s likely that this case will be settled out of court, and fairly quickly, said Josh Gerben, trademark attorney and founder of Gerben IP law firm.
However, “if Columbia Sportswear’s version of the story in the complaint is not entirely accurate, and Columbia University decides to defend the case, things could get interesting,” Gerben said in an email. “This is because Columbia University has been around much longer than Columbia Sportswear. It gives the university some very interesting defenses to the overall claims regarding trademark infringement.”
Columbia Sportswear is set to announce its second quarter earnings Thursday. In Q1, the company reported a net sales increase of 1% to $778.5 million. At the time of the announcement, the company withdrew its full-year financial outlook due to economic uncertainty related to tariffs.
