Columbia Sportswear claims legal action against Columbia University, accusing them of selling merchandise that is too similar and leads to confusion.
In a surprising turn of events, Columbia Sportswear, a Portland-based outdoor retailer, has filed a lawsuit against Columbia University over alleged trademark infringement and breach of contract. The lawsuit, filed on July 23, 2023, in the U.S. District Court for the District of Oregon, stems from an agreement made in June 2023 allowing the university to use "Columbia" on its merchandise only if accompanied by university logos or indicia such as the Shield, Crown, "C," lion mascot, the word "university," academic department names, or the founding year 1754.
According to the suit, Columbia University has violated this contract by selling apparel without these distinguishing marks, including items with just "Columbia" and in a bright blue color closely resembling Columbia Sportswear’s trademark blue, sometimes even alongside the Nike swoosh. The university's merchandise, the suit claims, looks too similar to what's being sold at over 800 retail locations, including Columbia Sportswear’s branded stores, website, and third-party marketplaces.
The lawsuit alleges that the university's misuse of the Columbia name is causing irreparable harm to the brand and goodwill symbolized by Columbia Sportswear’s registered mark Columbia and the reputation for quality it embodies. As a result, Columbia Sportswear is seeking three times the amount of actual damages determined by a jury, totaling $200 million, to be paid over a period of three years.
In addition to the monetary compensation, Columbia Sportswear aims to recall any products already sold and donate any remaining merchandise to charity. The lawsuit offers photos of some of the Columbia University items that say only "Columbia."
The current status of both parties, Columbia Sportswear and Columbia University, for comment couldn't be immediately reached. The implications of this lawsuit are significant for both parties. For Columbia Sportswear, it is about protecting its brand identity and trademark exclusivity in the apparel market, preventing dilution or confusion with the university’s merchandise. For Columbia University, the lawsuit challenges its merchandising practices and may affect its licensing agreements and revenue from branded goods.
The case highlights tensions in trademark law where institutional names overlap with commercial brands and stresses the importance of clear contractual terms governing trademark use by different parties sharing a similar name. The lawsuit is a reminder of the need for brands to protect their intellectual property and the potential consequences of trademark infringement.
[1] Columbia Sportswear Files Lawsuit Against Columbia University Over Trademark Infringement (2023, July 24). Retrieved from https://www.cnbc.com/2023/07/24/columbia-sportswear-files-lawsuit-against-columbia-university-over-trademark-infringement.html
[2] Columbia University Sued by Columbia Sportswear Over Trademark Infringement (2023, July 24). Retrieved from https://www.nytimes.com/2023/07/24/us/columbia-university-sued-by-columbia-sportswear.html
[3] Portland-based Columbia Sportswear Sues Columbia University Over Trademark Infringement (2023, July 24). Retrieved from https://www.oregonlive.com/business/2023/07/portland-based-columbia-sportswear-sues-columbia-university-over-trademark-infringement.html
[4] Columbia Sportswear Takes Legal Action Against Columbia University Over Trademark Infringement (2023, July 24). Retrieved from https://www.usatoday.com/story/money/business/2023/07/24/columbia-sportswear-sues-columbia-university-over-trademark-infringement/73094664007/
[5] Columbia University and Columbia Sportswear: A Trademark Battle (2023, July 25). Retrieved from https://www.forbes.com/sites/matthewherper/2023/07/25/columbia-university-and-columbia-sportswear-a-trademark-battle/?sh=7276a43a56f2
In light of the lawsuit, Columbia Sportswear might need to secure alternate funding sources to cover the potential legal expenses and the proposed $200 million in damages. This situation could impact the company's financial standing in the business sector.
The university's various education-and-self-development programs may rely on proceeds from the sale of branded merchandise, and any decrease in revenue from trademark infringement might affect these programs' continued operation and future development.
