X Marks the Suit
This suit is brought to you by the letter “X.”
Sports cable network ESPN is taking Huntington Beach, Calif.–based surf giant Quiksilver to court over the brand’s use of the letter “X” on everything from T-shirts and boardshorts to accessories and hangtags. According to the network, the design of the letter is too close for comfort to its trademarked “X” logo of the X Games, an annual competition for “extreme” action sports, including freestyle BMX, “best trick” skateboarding and surfing. The suit, filed on May 2 in federal court in New York, alleges that Quiksilver’s version of the letter is “confusingly similar” to the X Games mark and represents unfair competition and trademark infringement.
“Despite protests by ESPN, Quiksilver has since willfully expanded the use of the infringing mark, and Quiksilver’s apparel and accessories are now replete with the infringing mark,” the suit alleges. It also notes that Kelly Slater, a pro surfer sponsored by Quiksilver and a participant in the X Games, helped promote Quiksilver apparel that is branded with the offending X. The suit further alleges that Quiksilver, which sponsors several X Games participants, began using the stylized X in 2007, after ESPN had “adopted and used the ESPN X trademarks.”
According to Joshua Katz, a spokesperson for the surf brand, Quiksilver has been using the “X” as part of its graphics package for years. “It’s a design element. We don’t use it as a stand-in for ’extreme,’” or as a reference to the X Games competition,” he said.
The suit comes as a surprise to Quiksilver. “ESPN contacted Quiksilver one time in the fall of 2007 and never responded to Quiksilver’s attempts to discuss the issue. We are very surprised by the litigation, in part because of the support Quiksilver and DC Shoes [a division of the company] have given ESPN and the X Games over the years,” he said. “Quiksilver believes ESPN’s claims lack merit and are completely unfounded. We expect an amicable resolution to this issue, but we are prepared to vigorously defend our trademarks.”
Quiksilver recently won a six-year fight over the Roxy trademark with Los Angeles–based manufacturer Kymsta Corp.
—Erin Barajas
