Kmart Beats Trademark Suit Over 'Rise' Basketball Gear

Law360, New York (October 31, 2017, 8:00 PM EDT) -- A California federal judge has tossed a trademark lawsuit filed against Kmart over a line of sports apparel called Risewear, saying it’s “strikingly” dissimilar to a rival “Rise” brand.

Kmart has beaten trademark claims over its "Risewear" line (left). The suit, filed last year by a firm called Rise Basketball Skill Development LLC, claimed the retailer’s Risewear line infringed the company’s trademarks for its earlier line. Risewear’s logo features a man dunking a basketball and the word “Rise;” the earlier logo features a winged basketball and the same word.

On Friday, U.S. District Judge William Orrick acknowledged that judges should only...

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