Vans gets temporary ban from selling Walmart’s ‘imitated’ sneakers

Vans shoes and a backpack are seen in a shop window in Sao Paulo, Brazil August 29, 2019. REUTERS/Rahel Patrasso

(Reuters) – Vans Inc has convinced a California federal court to block sales of Walmart Inc shoes that allegedly copied its designs pending their trademark infringement litigation.

A federal judge said in a opinion went public on Friday that Vans was likely to win on its trademark claims against the retail giant and would be irreparably harmed without the sales ban.

Vans shoes, based in Costa Mesa, California, became famous in the 1970s among Southern California skaters, and they have since become a hugely popular global brand.

Vans sued Walmart in November, arguing that Walmart engaged in a concerted effort to rip off “virtually all” of Vans’ top-selling sneakers.

The Walmart shoes cost less than $20 and are “cheap, poorly made and confusingly similar” to $60 Vans, according to the lawsuit. Vans also said Walmart is aware that the affiliates it pays to review its shoes online present them as “dupes” or cheaper “counterfeits”.

walmart vs Vans’ request for a ban in January, arguing that Vans’ designs were not eligible for trademark protection and that she could not prove Walmart’s shoes were likely to confuse customers. Walmart also said Vans could not demonstrate the “irreparable harm” necessary to halt its sales early.

“There was no urgency to rush this motion,” Walmart explained. “Vans filed the petition at least 18 months after Walmart began selling the accused shoes.”

But U.S. District Judge David Carter said Thursday that Walmart’s shoes “clearly bear striking similarities” to those of Vans, that Walmart showed some intent to confuse consumers and that there was evidence that customers had been genuinely confused.

Vans was also likely to suffer irreparable harm without an immediate blocking of sales from Walmart, in part because Walmart flooded the market with the alleged counterfeits, Carter said.

Walmart said an injunction would cost it tens of millions of dollars.

Walmart spokesman Randy Hargrove said Friday the company would continue to defend itself against the claims and was reviewing the order and considering its options.

Vans and its attorneys did not immediately respond to requests for comment.

The case is Vans Inc v. Walmart Inc, US District Court for the Central District of California, No. 8:21-cv-01876.

For Vans: Nick Hoffman, Tanya Greene and Lucy Wheatley of McGuireWoods

For Walmart: Lawrence Iser of Kinsella Weitzman Iser Kump Holley, Anthony Lo Cicero of Amster Rothstein & Ebenstein

Read more:

Vans sues Walmart for sneaker counterfeiting

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