Dick’s Sporting Goods has been hit with a trademark lawsuit.
In a suit filed July 28 in U.S. District Court for the Eastern District of New York, youth-focused sports media network Overtime claims its trademark rights have been violated with the launch of Dick’s Sporting Goods’ new off-price sub-chain, Overtime by Dick’s Sporting Goods.
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Founded in 2016, Overtime says it has sold millions of dollars’ worth of branded clothing, shoes and other sporting goods, catching the eye of celebrity athletes including Dwyane Wade, Odell Beckham Jr. and Kevin Durant. The company argues that use of the Overtime mark on Dick’s wares would “deceive the public.”
“[Dick’s Sporting Goods’] launch of a deep-discount retail chain under Overtime’s identical trademark to sell to sporting enthusiasts precisely the same categories of apparel and sports accessories that Overtime has been offering for years inevitably damages Overtime, causes immediate and irreparable harm to Overtime, and threatens to deceive the public,” the company wrote in a filing.
The three Overtime by Dick’s Sporting Goods outposts — located in Plainville, Conn., Hagerstown, Md. and Philadelphia — house an assortment of apparel, footwear, accessories and equipment up to 75% off regular prices and were introduced last month. The company also opened five Dick’s Sporting Goods Warehouse Sale units, offering discounts of up to 90%, as temporary popups.
In its complaint, Overtime notes that Dick’s filed a petition with the U.S. Patent and Trademark Office for the Warehouse Sale name — but opted not to register Overtime by Dick’s Sporting Goods before announcing the concept. Overtime alleges that this was because Dick’s “knew of Overtime’s trademark rights.”
“The Overtime mark is vital to Overtime, and Overtime will suffer substantial and irreparable harm if [Dick’s] is permitted to trade on Overtime’s rights and goodwill by offering clothing and retail services under the Overtime mark,” the complaint reads. “The goodwill that Overtime has built up in its Overtime mark through years of substantial investment and effort is put at risk by virtue of [Dick’s’] actions.”
Overtime is asking Dick’s to avoid using any mark that incorporates the Overtime name, as well as to recall any materials using the Overtime mark that may have distributed to third parties. It is also seeking monetary damages.
A representative from Dick’s Sporting Goods did not immediately respond to FN’s request for comment.