adidas America, Inc. et al. v. Skechers USA, Inc.

An Oregon federal court has denied adidas’s motion for a preliminary injunction against continued sales of Skechers USA, Inc.’s “Mega Blade” sneakers. In denying the motion, US District Judge Michael Simon relied significantly on the testimony of Analysis Group affiliate Peter N. Golder that adidas failed to prove its claims of irreparable harm.

Professor Golder and an Analysis Group team that included Managing Principal Aaron Yeater and Vice President Peter Hess assisted Skechers and counsel from O’Melveny and Myers in responding to adidas’s claims. Judge Simon cited Professor Golder’s testimony that there was no “empirical evidence that showed any negative effect from the Mega Blade shoe on either adidas’s or Springblade’s reputation,” and that, as Professor Golder explained, “given the length of time that both the Springblade shoe and the Mega Blade shoe have been in the market, there would have been sufficient opportunity to identify evidence if there were any harm to Springblade from Mega Blade’s presence.” Judge Simon concluded his decision by noting that, “[b]ased on the criticisms provided by Dr. Golder, the Court does not find persuasive the untested conclusions [of reputational harm] offered by [plaintiff's expert].”