Marked. - Issue 055
New Balance challenges a rival shoe logo, while Tesla and SpaceX seek clarity on the Terafab name.
Issue No. 055
September 18, 2026
New York
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The IP Briefing · by ESCA Legal
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| New Balance filed a Massachusetts federal trademark lawsuit alleging that a symbol on Decathlon's Kiprun running shoes is confusingly similar to the N marks used on New Balance footwear. |
| § | The complaint was filed September 15 against Decathlon's U.S. affiliate. | | § | New Balance alleges that it has used an N on nearly all of its footwear since the 1970s and owns several federal registrations covering the mark. | | § | The challenged design appears on Kiprun shoes and is described by Decathlon as a stylized K, while New Balance alleges that its mirrored form resembles an N. | | § | New Balance seeks damages and a jury trial after the companies were unable to resolve the dispute before filing. |
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| § ESCA Takeaway |
| Distinctive brand elements can carry substantial weight even when they are simple. This issue follows two trademark disputes over letterforms and names, plus an appellate copyright ruling that narrows one path for claims involving artificial intelligence code tools. |
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| More IP Stories |
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| § Trademark · Filed |
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| Tesla, SpaceX, and SpaceXAI filed a federal declaratory judgment action asking a Texas court to rule that their planned use of Terafab does not infringe TERA-print's registered TERA-FAB trademark. |
| § | TERA-print's existing registration covers specialized desktop equipment used to create microscopic patterns for research applications. | | § | Tesla filed applications for TERAFAB and TESLA TERAFAB after announcing a chip manufacturing project under the name. | | § | TERA-print sent a cease and desist letter and later threatened trademark and unfair competition claims. | | § | The plaintiffs argue that the parties use the terms for different products and seek a declaration of noninfringement after settlement discussions ended. |
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Why it matters
The dispute shows how a registered mark can become a barrier to a new project even when the parties describe different goods. The timing and scope of their trademark applications will shape the fight over how far the earlier registration reaches.
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QUICK HITS
| § Copyright | The Ninth Circuit upheld dismissal of DMCA claims against GitHub and OpenAI over Copilot outputs, holding that the alleged outputs were not copies from which copyright management information had been removed or altered. The court did not decide whether substantially similar output could support a traditional infringement claim. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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