New Balance Accuses Balance Athletica of Infringing Trademarks

Athleticwear maker Balance Athletica LLC’s name infringes New Balance Athletics Inc.'s trademarks because it’s likely to cause consumer confusion with the footwear and apparel brand, according to a complaint filed in Boston federal court.

New Balance told the U.S. District Court for the District of Massachusetts Nov. 13 that Balance Athletica’s use of “Balance” to sell “the same goods, to the same consumers, using the same marketing channels” has also already created confusion in the marketplace.

The complaint also says confusion is more likely because the marks are “virtually identical” when someone refers to recent Balance Athletica offerings as “new ...