German Court Rules In Favor Of Adidas, Rejects Nike's Injunction Request
A German court on Wednesday "rejected Nike's request for an injunction to stop adidas from making and selling its lightweight Primeknit shoe in Germany," according to Allan Brettman of the Portland OREGONIAN. Nike "had been seeking an injunction against adidas, contending that adidas had infringed on a patent Nike obtained to protect its Flyknit shoe technology." Nike "has contended the Primeknit illegally infringes on Flyknit." In issuing its ruling, "the Nuremberg District Court followed through on what it said it would do two weeks ago when it heard arguments from Nike and adidas." Adidas spokesperson Katja Schreiber said, "We welcome the decision made by the court." Nike "had won an early round in the dispute, obtaining an injunction Aug. 28 and thwarting sales of Primeknit." Nike issued a written statement that read: "This is just one step in the process. We will continue to aggressively protect our intellectual property rights, including through the conclusion of this interim injunction proceeding as well as in a formal infringement case." The design of the Nike Flyknit and the adidas Primeknit "are remarkably similar." Schreiber said that adidas "will now seek to have Nike's German patent on its Flyknit technology cancelled" (OREGONIAN, 11/7). DIE WELT reported that "adidas introduced its 'adizero primeknit,' a one-piece knit upper running shoe, during the London Games." Nike saw this as a violation of its '02 patent that protects the process of melting yarn in the production in the Flyknit uppers, a shoe that it introduced in February (DIE WELT, 11/8).