AGASSI ENTERPRISES versus TARGET CORPORATION - Bron IP Litigation Reporter 20 Sept. 2007
Tennis Star Agassi Sues Target for Trademark Infringement
Retailer Target is selling footwear that infringes trademarks owned by former tennis player Andre Agassi, a lawsuit filed in federal court alleges. The complaint, filed in the U.S. District Court for the District of Nevada, alleges that Target continues to sell sandals using Agassi's name, even though the company represented that it had discontinued use of his trademarks.
Agassi, whose celebrity survives his 2006 retirement from professional tennis, has been in the public eye since beginning his career in 1986 at the age of 16. In response to a request for comment on the allegations, Target spokeswoman Amy von Walter said the company is trying to fix the situation.
"Since learning of the issue earlier this summer, Target has made every effort to rebrand the merchandise in our stores and on Target.com," she said. "We will continue to work closely with our field partners in our stores across the country to rectify the situation."
According to the complaint, Agassi, through Agassi Enterprises Inc., has licensed his likeness and name globally in association with a variety of goods and services, including footwear and apparel.
In June Agassi Enterprises discovered that Target was selling the allegedly infringing sandals at all its stores and on its Web site, the suit says.
According to the complaint, Target touts the footwear as its "bestselling men's sandal."
One month after Target claimed that it had discontinued using the Agassi name, Agassi Enterprises bought the sandals at a Target store in Nevada and through the retailer's Web site.
The complaint alleges trademark infringement and violation of Nevada's right-of-publicity law.
Agassi Enterprises seeks injunctive relief against Target and punitive damages for the retailer's alleged willful violation of Agassi's trademark rights and right of publicity.