New Balance has launched legal action against Decathlon, accusing it of infringing its trademark with a logo used on its Kiprun running shoes.

It filed a lawsuit against Decathlon’s US businesses in a Massachusetts federal court on 15 September, claiming the design used on certain Kiprun trainers is confusingly similar to its longstanding ‘N’ logo.

New Balance alleges that while one version of the Kiprun design resembles the letter ‘K’, its mirrored use on the footwear looks like an ‘N’.

The company claims the design could cause consumers to believe the shoes are associated with New Balance and risks weakening the distinctiveness of its branding.

New Balance has used its ‘N’ branding on footwear since the 1970s and said in its complaint that it has spent hundreds of millions of dollars promoting trademarks centred on the letter.

The retailer alleges it contacted Decathlon and its lawyers repeatedly over the design from January but that the company has continued to use it. Decathlon maintains the logo represents a ‘K’, according to New Balance’s complaint.

New Balance is seeking an injunction preventing Decathlon from using the disputed logo, as well as the destruction or recall of products carrying the mark and financial damages to be determined as part of the case.

Decathlon had not responded to requests for comment at the time the legal action was reported.

New Balance has previously pursued legal action against companies over designs it claims are too similar to its ‘N’ trademarks, including a separate dispute involving Michael Kors. It has also secured a $1.5m award in a Chinese trademark case.

The Decathlon case, New Balance Athletics Inc v Decathlon America LLC et al, was filed in the US District Court for the District of Massachusetts.

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