Nike Halts 'V is for Victory' Campaign; Resolves Pony Suit

SAN DIEGO, Aug. 4 /PRNewswire/ -- Pony, Inc., owner of the famous PONY and "Chevron trademark" brands used on footwear, sporting apparel and sporting goods, today dismissed its suit against competitorNIKE Inc. over Nike's much-hyped international "V for Victory" advertising and marketing campaign. Nike notified Pony that the campaign is no longer being used, after Pony filed its lawsuit in April of this year in Federal court in California. The complaint accused Nike of trademark infringement, trademark dilution and unfair competition based on this marketing campaign.

Nike stated, as Pony had expected, that "Nike's 'V for Victory' advertising campaign ran its course." But with a pending suit asking for treble damages for willful infringement, statutory, exemplary and punitive damages, profits and attorneys' fees, Pony was not surprised that Nike decided that the campaign had "run its course."

The suit alleged that "the key distinguishing feature of the campaign is the use of a chevron mark which is identical or virtually identical to the registered trademarks owned and used by Pony." Given that the two companies are in the same business, and Pony has owned the rights to its trademarked chevron for over 35 years, Pony felt it essential to protect its valuable trademarks in court. One blog, "Footy-Boots," described Pony as having "kicked out with their hind legs" when it filed the Nike suit.

"We achieved our goal of the lawsuit," said Kevin Wulff, CEO of Pony. "Nike is no longer engaging in the infringement and unfair competition noted in our lawsuit." As the goal of the suit had been achieved, Pony dismissed the complaint.

The "V for Victory" campaign featured rugby and soccer players and what appeared to be body paint. It was launched in or around February of 2009 and utilized online marketing and advertising, including video with a focus on a chevron mark that the lawsuit alleged was "virtually identical" to Pony's registered trademarks.

Pony will continue to proudly use its well-established Chevron mark on its extensive product lines, and will vigorously pursue any unauthorized uses of its famous trademarks.

About Pony

Pony was founded in 1972 and quickly became one the most distinctive sports brands in the world. Among the many athletes who wore PONY shoes were Pele, Muhammad Ali, George Foreman, David Thompson, Darryl Dawkins, Spud Webb, Dan Marino, Lawrence Taylor, Reggie Jackson, Tracey Austin, and most recently New York Knicks' all-star Wilson Chandler. Pony is a designer, distributor, and marketer of high performance, athletic and lifestyle footwear and apparel for men, women, and children. For more information, please visit www.pony.com.

http://investing.businessweek.com/research/markets/news/article.asp?docKey=600-200908041705PR_NEWS_USPR_____NE56829-6R4TAOFV32NSDIVP2AA823MIT6&params=timestamp%7C%7C08/04/2009%205:05%20PM%20ET%7C%7Cheadline%7C%7CNike%20Halts%20'V%20is%20for%20Victory'%20Campaign%3B%20Resolves%20Pony%20Suit%7C%7CdocSource%7C%7CPR%20Newswire%7C%7Cprovider%7C%7CACQUIREMEDIA