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Roberts v. Puma North America Inc.

Plaintiff Artist Fails to Show That Puma Willfully Infringed His Signature Mark

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MEMORANDUM Plaintiff Christophe Roberts brings this action against defendant Puma North America, Inc. (“Puma”). Roberts brings claims of trademark infringement and unfair competition under both federal law and state law, and a claim of dilution under state law. Roberts alleges that Puma willfully infringed his signature mark — the “Roar Mark” — by selling apparel bearing certain designs that, according to Roberts, are confusingly similar to the Roar Mark. On May 5, 2021, the Court, by bottom-line order, denied Roberts’ motion for a temporary restraining order (“TRO”) and preliminary injunction to prevent Puma from, among other things, using these designs in connection with the promotion, marketing, advertising, and sale of products and services. Dkt. No. 37. This memorandum explains the reasons for that ruling. Background Roberts is an artist with a following in the basketball, hip-hop, and sneaker communities. He began using the Roar Mark as his “signature” around 2013. Roberts Decl., Dkt. No. 13, 19-22. The Roar Mark is a hand-drawn outline of sharp teeth. See Figure 1. Figure 1: The Roar Mark Roberts began selling apparel bearing the Roar Mark in 2014. Id.

23-26. He applied to the Trademark Office to register the mark in 2018, and it was registered in 2019 for t-shirts, hoodies, and jackets. Id.

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