Photo via Columbia Sportswear complaint.
Call it a battle of the Columbias.
Columbia Sportswear filed a lawsuit against Columbia University last week, alleging that the academic institution breached a contract signed between the two entities, infringed on the sportswear company’s trademark, engaged in unfair competition and more.
Columbia Sportswear stated in its complaint that it owns the trademark “COLUMBIA.” That trademark registration covers a variety of fashion and apparel products, including but not limited to shirts and hats, which are the main items at issue in the complaint.
The company noted that it has worked hard to build a reputation for the brand, which has become easily identifiable to consumers in the market for goods sold by the company.
“The word COLUMBIA refers to only one thing in the minds of consumers of apparel, footwear, and related accessories: a longstanding, well-known brand that offers high-quality recreational products, clothing and gear to consumers at accessible prices,” the complaint says.
The company said it has an agreement with the university about the ways the academic institution can use the word “Columbia” on merchandise sold in its bookstore, which had been mutually agreed upon by both parties. Columbia Sportswear indicated it came to such an agreement after Columbia University indicated its interest in registering “COLUMBIA” as a mark in dozens of countries, including the U.S.
“Columbia Sportswear was willing to cooperate with the university in registering its name and permitting use of the same on merchandise designed solely for the purpose of promoting the institution and fostering a sense of unity among its alumni, fans, and supporters around the globe, regardless of where they might be located, provided any concerns about confusion could be mitigated,” the complaint reads.
But as a stipulation of the contract both parties allegedly signed, the university is required to include an indicia or insignia that ensures the word “Columbia” does not stand alone on its apparel merchandise. Four university logos were sanctioned for this purpose, as was the use of the entire phrase “Columbia University” and mentions of Columbia’s specific academic colleges or programs, according to the complaint.
In return, Columbia Sportswear allegedly agreed that it would not sue Columbia University for any merchandise that uses the name “Columbia,” so long as the mark was used in conjunction with one of the allowed logos or indicators.
But the sportswear company said the university has now violated that agreement.
“In September 2024 Columbia Sportswear became aware of numerous apparel items for sale on the University’s webstore…that used the name COLUMBIA without any other university indicia, as that term was and is identified in the agreement among the parties,” Columbia Sportswear alleges. “The infringing merchandise bears no indication that it is associated with Columbia University, as opposed to Columbia Sportswear.”
The complaint includes multiple screenshots of products allegedly sold by Columbia University, including a T-shirt, a hat, a sweatshirt and more. The company alleges that it contacted the university in September 2024, requesting the removal of the allegedly infringing items, but noted that they had not been removed, causing the legal action.
“The university did not cure its breach of the terms. The university did not cease selling the infringing merchandise. In fact, the university continues to sell the infringing merchandise to this day,” Columbia Sportswear alleges.
Photo via Columbia Sportswear complaint.
Some of the items shown in the complaint bear the logos of other sportswear companies, like Nike and Champion, alongside the word Columbia. The company alleges that such use of the word “Columbia” could lead consumers to believe that the sportswear company had collaborated with Nike or Champion, when in fact both those companies are considered competitors of Columbia Sportswear and have never collaborated with the brand.
Photo via Columbia Sportswear complaint.
Because of the allegations it sets forth in the complaint, Columbia Sportswear alleges that the university infringed on its trademark, breached its contract, competed unfairly, engaged in false designation of origin and more. In its prayer for relief, Columbia Sportswear asks that the university be preliminarily and permanently enjoined from further use of the trademark outside the terms of the parties’ contract; requests that all remaining stock of the allegedly infringing products be donated to a charity the sportswear company agrees to or destroyed and seeks financial damages for the losses the university has allegedly caused the company.
A spokesperson for Columbia University declined to comment on ongoing litigation.
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