The 2200 block of West 4th Avenue has become ground zero for a retail trademark infringement battle.

Arc’teryx has officially won a temporary injunction that temporarily bars Adidas from using their TERREX brand on West 4th.

Earlier this year Arc’teryx’s parent company, Amer Sports Canada, filed a lawsuit against the German sportswear brand over its signage on its West 4th Avenue store.

The company alleged that adidas’ TERREX signage would cause “consumer confusion.”

The store opened one year ago just a few doors down from the Vancouver-born retailer and similar to Arc’teryx, adidas TERREX is sells outdoor apparel fit for activities like hiking and camping.

In the new BC Supreme Court decision, adidas says its logo features its signature “performance bars” with its three stripes triangular emblem to signify the “A” in adidas.

However, Justice Nigel Kent wrote in his judgement, “When one places an image of the Performance Bars and TERREX trademarks beside an image of the ARC’TERYX trademark, the similarity between the two and the potential for confusion is immediately obvious.”

Last modified: February 26, 2024

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