Columbia vs Columbia, caso de derecho de marcas

El 23 de julio de 2025, la reconocida marca de ropa outdoor, Columbia Sportswear, presentó una demanda en Oregon contra la prestigiosa Universidad de Columbia, ubicada en Nueva York. La acusación principal es por incumplimiento de contrato y uso indebido de marca registrada.

El origen del conflicto legal: pacto entre tocayos

Aunque parezca extraño, estas dos “Columbias” habían coexistido pacíficamente durante años. La empresa de ropa, fundada en 1938, se convirtió en un gigante mundial de indumentaria outdoor, y la universidad, con orígenes en 1754, en una de las instituciones educativas más famosas del mundo.

El problema surgió cuando la universidad quiso registrar y vender merchandising con el nombre “COLUMBIA” en casi 50 países. Para evitar confusiones en el mercado de la ropa, ambas partes firmaron un acuerdo el 13 de junio de 2023.

El pacto era claro: la Universidad de Columbia podía usar la palabra “COLUMBIA” en su ropa y accesorios, pero con una condición clave. Debía hacerlo siempre junto a “al menos otro indicio de la Universidad”.

Estos “indicios” permitidos eran muy específicos:

Su escudo (SHIELD).

Su corona (CROWN).

Su diseño de la letra “C”.

Una representación de su mascota, el león (LION MASCOT).

La palabra “UNIVERSITY”.

El nombre de alguna de sus facultades (ej. “COLUMBIA LAW”).

Su año de fundación (1754).

La universidad aceptó explícitamente no usar la palabra “COLUMBIA” en su ropa sin alguno de estos elementos distintivos.

La Supuesta Violación del Acuerdo

Según la demanda, en septiembre de 2024, Columbia Sportswear descubrió que la tienda online de la universidad vendía una gran cantidad de productos —remeras, buzos, gorras— que solo decían “COLUMBIA” en grande, sin ninguno de los símbolos acordados.

La empresa de ropa argumenta que esto crea una alta probabilidad de confusión. Un consumidor podría pensar fácilmente que la ropa de la universidad es, en realidad, de Columbia Sportswear.

Para agravar la situación, la demanda señala dos puntos adicionales:

Colaboraciones Falsas: Parte de la ropa en infracción lleva también los logos de competidores directos de Columbia Sportswear, como Nike y Champion. Esto podría hacer creer a los clientes que existen colaboraciones entre estas marcas, algo que nunca ocurrió.

Color Confuso: Muchos de los productos usan un tono de azul que la demanda describe como “confusamente similar” al color corporativo característico de Columbia Sportswear.

La demanda incluye imágenes comparativas que muestran claramente la ropa “en infracción” (solo “COLUMBIA”) frente a la ropa “permitida” que sí incluye la palabra “UNIVERSITY” debajo del nombre.

¿Qué Pide Columbia Sportswear?

La empresa afirma que intentó solucionar el problema de forma amistosa en septiembre de 2024, pero la universidad no dejó de vender la ropa en cuestión. Por eso, ahora recurren a la justicia pidiendo varias cosas:

Una orden judicial para que la universidad deje de vender inmediatamente toda la ropa que incumple el acuerdo.

La retirada del mercado de todos los productos infractores que ya hayan sido distribuidos.

La destrucción o donación de toda la mercadería en infracción.

Una compensación económica que incluye todas las ganancias que la universidad obtuvo con estas ventas, más una indemnización por daños, que podría ser triplicada por la intencionalidad del acto.

El pago de los costos del juicio y los honorarios de los abogados.

En resumen, la guerra de las “Columbias” no es solo por unas remeras. Es una batalla por la identidad de una marca que, según la empresa, ha invertido más de 80 años y miles de millones de dólares en construir. Ahora, un tribunal deberá decidir si la universidad cruzó la línea y violó el pacto que firmó.

 

Resolución completa

 

Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 1 of 32

Nika Aldrich, OSB #160306

Email: naldrich@schwabe.com

SCHWABE, WILLIAMSON & WYATT, P.C.

1420 5th Avenue, Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Facsimile: 206-292-0460

Jason P. Evans, OSB #193573

Email: jevans@schwabe.com

SCHWABE, WILLIAMSON & WYATT, P.C.

1211 SW 5th Avenue, Suite 1900

Portland, OR 97204

Telephone: 503-222-9981

Facsimile: 503-796-2900

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

COLUMBIA SPORTSWEAR

COMPANY, an Oregon corporation,

COLUMBIA SPORTSWEAR NORTH

AMERICA, INC., an Oregon corporation,

and COLUMBIA BRANDS USA, LLC, an

Oregon limited liability company,

Plaintiffs,

No. 3:25-cv-1299

COMPLAINT FOR TRADEMARK

INFRINGEMENT, FALSE DESIGNATION

OF ORIGIN, UNFAIR COMPETITION,

BREACH OF CONTRACT, AND BREACH

OF DUTY OF GOOD FAITH AND FAIR

DEALING

DEMAND FOR JURY TRIAL

v.

THE TRUSTEES OF COLUMBIA

UNIVERSITY IN THE CITY OF NEW

YORK,

Defendant.

Columbia Sportswear Company (“CSC”), Columbia Sportswear North America, Inc.

(“CSNA”) and Columbia Brands USA, LLC (“CBUSA,” and collectively “Columbia

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 2 of 32

Sportswear”) file this Complaint against defendant The Trustees of Columbia University in the

City of New York (“Columbia University” or the “University”), alleging as follows:

NATURE OF THE ACTION

1. This is an action for breach of contract, trademark infringement, federal unfair

competition, and related state and common law claims in connection with Columbia University’s

sales of merchandise in breach of a written agreement entered into between the University and

CSC in 2023, and which also infringes Columbia Sportswear’s intellectual property rights.

2. Columbia Sportswear seeks injunctive and monetary relief.

THE PARTIES

3. Plaintiff CSC is a corporation organized and existing under the laws of the State

of Oregon, with its principal place of business in Portland, Oregon.

4. Plaintiff CSNA is a corporation organized and existing under the laws of the State

of Oregon, with its principal place of business in Portland, Oregon. CSNA is the owner of certain

intellectual property rights developed by CSC and its employees.

5. Plaintiff CBUSA is a limited liability company organized and existing under the

laws of the State of Oregon, with its principal place of business in Portland, Oregon. CBUSA is

the licensee of certain intellectual property rights from CSNA.

6. Defendant Columbia University is a private institution of higher education located

in New York, New York.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 3 of 32

JURISDICTION AND VENUE

7. This Court has subject matter jurisdiction over this action under 15 U.S.C. § 1125

and 28 U.S.C. § 1331 because this action arises under the federal Lanham Act. Pursuant to 28

U.S.C. § 1367(a), this Court has supplemental jurisdiction over the claims arising under Oregon

state law because those claims are substantially related to the claims over which this Court has

original jurisdiction and are part of the same case and controversy.

8. This Court has personal jurisdiction over Columbia University because the

University has produced, is producing, and apparently intends to continue producing, certain

merchandise bearing the COLUMBIA name, and/or has engaged third-party licensees or

manufacturers to do the same, as further alleged and described herein (collectively, the

“Infringing Merchandise”), and which it sells on its online webstore that is accessible not only in

the State of Oregon, but across the country and internationally as well. The University is subject

to personal jurisdiction in this Court because it actively markets and sells the Infringing

Merchandise on its online webstore, which targets, reaches, serves, and ships to customers

located in Oregon. The University also visits high school campuses across the state of Oregon in

an effort to recruit Oregon students to attend the University and attempts to sell those Oregon

students (and often, their parents) the Infringing Merchandise. Further, the University has an

Oregon-based alumni association that is sponsored by the University, and that association

markets the University’s apparel, including the Infringing Merchandise, to Columbia University

alumni living in the state of Oregon. This is also the judicial district where Plaintiff CSC resides

and thus it is where the contract which is the subject of this action as hereafter further described

and alleged was negotiated and entered into.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 4 of 32

9. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2)

because this is the judicial district where Plaintiff CSC resides and thus it is where the contract

which is the subject of this action as hereafter further described and alleged was negotiated and

entered into. It is also the judicial district where Columbia Sportswear’s harm will be felt and, as

alleged in Paragraph 8, supra, is a judicial district where the University carries out extensive

marketing and sales campaigns, which necessarily include the marketing and sale of the

Infringing Merchandise.

FACTS AND BACKGROUND

THE COLUMBIA NAME

10. Columbia Sportswear is a worldwide leader in the design and sale of outdoor

apparel, footwear, and accessories. Columbia Sportswear’s products are sold through over 800

retail locations, including more than 150 Columbia Sportswear-branded retail stores, through its

Columbia.com website, the websites of its hundreds of wholesale customers, as well as

authorized third-party international online platforms. Columbia Sportswear products are easy to

recognize not only because of their quality, construction, and longevity, but also by their brand

identity and pedigree that is all united under a single, universally recognizable word:

“COLUMBIA.”

11. Columbia Sportswear has spent over eighty years building its reputation in the

U.S. and around the world. Its trademarks symbolize Columbia Sportswear’s sterling reputation

for high-quality active, outdoor, sporting, and recreational wear and gear.

12. Columbia Sportswear broadly uses a distinctive shade of its color blue as its

corporate color. For example:

Page 4 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 5 of 32

13. The COLUMBIA name enjoys a unique distinctiveness in the field of apparel,

among other goods, achieved by way of the more than eight decades that it has been selling

apparel branded with the COLUMBIA name. Columbia Sportswear has spent substantial sums

developing its brand image, recognition, and reputation. The word COLUMBIA refers to only

one thing in the minds of consumers of apparel, footwear, and related accessories: a

longstanding, well-known brand that offers high-quality recreational products, clothing, and gear

to consumers at accessible prices.

14. Many of Columbia Sportswear’s shirts, sweatshirts and hats carry the

COLUMBIA mark prominently, so as to associate the quality of the apparel and accessories with

the reputation and goodwill of Columbia Sportswear:

Page 5 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 6 of 32

Page 6 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 7 of 32

Page 7 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 8 of 32

15. Indeed, many of Columbia Sportswear’s shirts, sweatshirts and hats use the

COLUMBIA mark without “Sportswear” or any other letters, words or logos, thus ensuring that

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 9 of 32

the COLUMBIA mark, by itself, is associated with Columbia Sportswear when used in

connection with apparel.

Page 9 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 10 of 32

16. And as shown above, Columbia Sportswear frequently uses the COLUMBIA

mark in large font, spread across the front of the garment, or on a sleeve, meant to be

conspicuous.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 11 of 32

17. To that end, Columbia Sportswear has registered COLUMBIA as a standard

character word mark with the United States Patent and Trademark Office, U.S. Registration No.

2047397 (the “Registration”). The Registration covers, among other goods, “men’s, women’s

and children’s jackets, parkas, wind resistant jackets, pants, shorts, rain suits, ski bibs, jacket

liners, gaiters, scarves, hats, gloves, mittens, shoes and boots, men’s and women’s turtlenecks,

sweatshirts, sweatpants, ski suits, vests, shirts, belts and visors, and women’s jumpers and

skirts.” (Emphasis added).

18. The Registration is evidence of, and creates a legal presumption of, the validity of

the Registration, Columbia Sportswear’s ownership of the COLUMBIA mark, and Columbia

Sportswear’s exclusive right to use the mark for the goods identified in the Registration. Indeed,

the rights afforded to Columbia Sportswear by the Registration are now legally incontestable

under 15 U.S.C. § 1065.

19. Columbia Sportswear prominently features the mark COLUMBIA in its stores

and in its advertising, and the COLUMBIA mark is either the sole or the dominant portion of its

name in corporate advertising:

Page 11 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 12 of 32

Page 12 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 13 of 32

20. Consumer sentiment favors Columbia Sportswear, which, under its name, sold

over $3.3 billion of product in 2024 alone. The COLUMBIA name is synonymous with high-

quality outerwear, and Columbia Sportswear has worked hard to secure its position in the

marketplace and, with each product sold, reaffirms why it is so deserving of the goodwill it

enjoys.

COLUMBIA UNIVERSITY’S USE OF THE COLUMBIA NAME

21. It is no secret that, on the East Coast, there exists a private institution of higher

education with the name Columbia University. Indeed, Columbia Sportswear has recognized, in

writing dated on or about June 13, 2023, that the University is “a world-renowned educational

institution that traces its origins back to 1754.” In that same writing, the University also

recognized that Columbia Sportswear is “one of the world’s largest outerwear companies that

traces its origins back to 1938.” At the time, the parties had peacefully coexisted without any

known instances of confusion.

22. But Columbia University has a bookstore that sells apparel, including apparel that

signifies the University. This creates the potential for source confusion as between Columbia

Sportswear apparel and branded clothing sold by the University.

23. The University also wanted to register the name and mark COLUMBIA for use

on apparel and accessories in forty-eight nations around the world, including the United States,

so that third parties could manufacture apparel and accessories with the COLUMBIA mark in

these various territories around the world. The University wanted to secure these rights so that

the University’s consumers would be able to purchase affinity apparel associated with the

University, and express their allegiance to the University.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 14 of 32

24. But this creates the risk of further confusion, because if the University has apparel

made by third parties with the word “Columbia” on the clothing, multiple identifiers may appear

on a single garment, suggesting an association between those brands.

25. Columbia Sportswear was willing to cooperate with the University in registering

its name and permitting use of the same on merchandise designed solely for the purpose of

promoting the institution and fostering a sense of unity among its alumni, fans, and supporters

around the globe, regardless of where they might be located, provided any concerns about

confusion could be mitigated.

26. To achieve this goal while simultaneously mitigating any risk of brand confusion

or possibility of consumer mistake between the two identical names (“Columbia” and

“Columbia”), Columbia Sportswear and the University agreed to certain terms (the “Terms”)

under which the University, and those authorized by it, could register and use the term

COLUMBIA on apparel and merchandise without objection from Columbia Sportswear.

27. The Terms were enshrined in a June 13, 2023 letter addressed to the University.

The Terms provided that:

1. Columbia Sportswear consents to the use and

registration in the Territories, by or under the direct or indirect

authority of the University, of the term COLUMBIA on and in

connection with the Articles, on condition that any use and

registration of COLUMBIA is only in conjunction with at least one

other indicia of the University such as its SHIELD, its CROWN, its

C design, or a representation of its LION MASCOT, such design

elements substantially as shown on the Exhibit A attached hereto, or

the word UNIVERSITY, the name of a school or academic

department at Columbia (e.g., COLUMBIA LAW or COLUMBIA

PHYSICS), its YEAR OF FOUNDING (1754) or some combination

thereof (the “University Indicia”), with or without other words, or

as the parties may otherwise expressly agree in writing.

* * *

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 15 of 32

3. * * * The University agrees that it shall not use or

register, or allow its suppliers, customers, or direct or indirect

licensees or retailers to use or register, in the Territories the term

COLUMBIA without the University Indicia. . . .

Exhibit A to the agreement included the following four—and only the following

28. four—“indicia”:

29. By agreeing that the University may use the mark COLUMBIA only in

conjunction with some such specific indicia of the school, such as the above logos, the word

UNIVERSITY, the name of a particular school, or the number 1754, Columbia Sportswear

endeavored to ensure there would be no meaningful risk of customer confusion between the

University’s apparel and accessories and those sold by Columbia Sportswear. Columbia would

not have agreed to allow the University to use the COLUMBIA mark with items of apparel if the

University had not promised to only use the COLUMBIA mark in conjunction with the

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 16 of 32

University’s identified indicia, a specific point of the negotiations that the University’s attorney

confirmed in correspondence with Columbia Sportswear.

30. In exchange, Columbia Sportswear agreed, among other things, not to sue the

University, or its “suppliers, customers or direct or indirect licensees or retailers” “based on any

use by the University or under the direct or indirect authority of the university of the term

COLUMBIA in conjunction with the University Indicia on or in connection with any and all

Articles in the Territories, or any applications or registrations of the term COLUMBIA in

conjunction with the University Indicia for any or all of the Articles in the Territories.”

31. Notwithstanding this express agreement, in September 2024 Columbia

Sportswear became aware of numerous apparel items for sale on the University’s webstore

(https://columbia.spirit.bncollege.com/) that used the name COLUMBIA without any other

University Indicia, as that term was and is identified in the agreement among the parties.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 17 of 32

32. Non-exhaustive examples of the items constituting Infringing Merchandise are as

follows:

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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Page 18 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 19 of 32

33. Moreover, many of these garments are, or incorporate, a bright blue color that is

confusingly similar to the blue color that has long been associated with Columbia Sportswear.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 20 of 32

34. Some Infringing Merchandise even bear logos of other companies that compete

with Columbia Sportswear in the apparel market—and, in fact, which are even headquartered in

the same state:

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 21 of 32

35. Though Columbia Sportswear and Nike are headquartered in the same State and

are both highly reputable sporting apparel designers and have a generally friendly relationship,

the two companies have never collaborated to jointly design, manufacture, market, or sell any

product. A consumer looking at the Infringing Merchandise would never know that, and, in fact,

would reasonably be induced into believing the companies had.

36. Certain of the University’s infringing apparel is made by Champion, another

sporting apparel manufacturer, including the shirt below, which has the Champion “C” logo on

the sleeve and is marketed on the University bookstore’s website with the word “CHAMPION”

in all capital letters.

37. A consumer looking at the Infringing Merchandise would reasonably be induced

into believing there is an association between Columbia Sportswear and Champion to

manufacture and sell the Infringing Merchandise, when, in fact, there is not.

Page 21 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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38. Notably, the Infringing Merchandise bears no indication that it is associated with

Columbia University, as opposed to Columbia Sportswear. Examples of merchandise sold by

the University that comply with the parties’ agreed Terms are shown below:

Page 22 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 23 of 32

Page 23 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 24 of 32

39. Notably, the Infringing Merchandise (see Paragraphs 31-34, supra) does not

include the hallmark characteristic markers—the University Indicia—borne by the products that

comply with the parties’ agreement depicted in Paragraph 38, supra. For example:

Infringing Merchandise Compliant Merchandise

40. The University is appropriating and using the COLUMBIA mark in a manner

inconsistent with the Terms agreed upon by the parties.

41. In an attempt to reach an amicable resolution to the issue, Columbia Sportswear

contacted the University in September 2024 to discuss the Infringing Merchandise, which upon

Columbia Sportswear’s information and belief constituted a relatively limited portion of the

apparel and headwear items distributed and sold by the University, to request that the University

cure its breach of the Terms within a reasonable period of time and to cease sales of its

Infringing Merchandise.

42. The University did not cure its breach of the Terms.

43. The University did not cease selling the Infringing Merchandise.

44. In fact, the University continues to sell the Infringing Merchandise to this day.

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Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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45. The University’s breach and its encroachment on Columbia Sportswear’s

trademark rights is therefore willful.

46. The University’s conduct is currently causing and/or is reasonably likely to cause

substantial confusion in the marketplace and, thus, injury to Columbia Sportswear.

47. The University’s use of the COLUMBIA mark, which is identical to Columbia

Sportswear’s registered trademark and brand name (in some instances in connection with the

signature logo of a competing company with which Columbia Sportswear has never

collaborated), on goods that are identical or related to, and competitive with, the merchandise on

which the Columbia name appears, is likely to deceive, confuse, and mislead actual and

prospective purchasers before, during, and after purchase into believing the merchandise sold by

the University is manufactured, authorized, licensed, sponsored, affiliated, connected, associated

with, or in some way approved by Columbia Sportswear, or that Columbia Sportswear has at

some point collaborated with Nike or other competitors to produce and label co-branded

merchandise, none of which is true.

48. The University’s conduct is likely to lead to post-sale confusion in that the

COLUMBIA mark has an ongoing and valuable role to play as a badge of origin even after the

initial purchase of the goods or services in question. Like Columbia Sportswear with its apparel,

the University prominently displays the COLUMBIA mark on its Infringing Merchandise so as

to be seen by a wider audience. The University advertises its COLUMBIA-branded merchandise

as a way of demonstrating school pride, and invites its students, parents of students, and alumni

to wear COLUMBIA-branded apparel as a public display. The viewing public—the intended

audience of that apparel when worn by students, parents of students, and alumni—is likely to be

confused as to the source of the apparel and other Infringing Merchandise.

Page 25 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460Case 3:25-cv-01299-IM Document 1 Filed 07/23/25 Page 26 of 32

49. The likelihood of deception, confusion, and mistake engendered by the

University’s misappropriation and misuse of the COLUMBIA name is causing irreparable harm

to the brand and goodwill symbolized by Columbia Sportswear’s registered mark COLUMBIA

and the reputation for quality it embodies.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

(Breach of Contract)

Columbia Sportswear repeats and realleges the allegations above as if fully set

50. forth herein.

51. The University “agree[d] that it shall not use . . . in the Territories the term

COLUMBIA without the University Indicia.”

52. One of the so-defined Territories is the United States.

53. The University is and has been breaching the Terms by selling shirts, sweatshirts,

hats, and other merchandise with the COLUMBIA mark but without any of the University

Indicia, at least in the United States.

54. Columbia Sportswear has been damaged as a result of the University’s breach.

SECOND CLAIM FOR RELIEF

(Breach of Duty of Good Faith and Fair Dealing)

Columbia Sportswear repeats and realleges the allegations above as if fully set

55. forth herein.

56. Every contract, including the contract at issue here, includes an implied covenant

that the parties’ contractual duties will be performed in good faith.

Page 26 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

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Telephone: 206-622-1711

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57. The University was required to perform its obligations under the Terms in a

manner consistent with the duty of good faith and fair dealing.

58. The University breached such obligations in the manners identified above.

59. As a result of the University’s breach, Columbia Sportswear has suffered—and

continues to suffer—past and future damages in an amount to be determined at trial.

THIRD CLAIM FOR RELIEF

(Federal Trademark Infringement Under 15 U.S.C. § 1114)

Columbia Sportswear repeats and realleges the allegations above as if fully set

60. forth herein.

61. Columbia Sportswear has federally-registered trademark rights in the

COLUMBIA mark in conjunction with a wide variety of apparel items, including hats and shirts.

62. Columbia Sportswear’s name is distinctive and commercially strong. Because of

Columbia Sportswear’s longstanding use of the COLUMBIA mark on its products, the

consuming public of apparel and accessories has come to associate the COLUMBIA mark with

Columbia Sportswear.

63. The University is infringing on the rights that Columbia Sportswear has built by

selling, offering for sale, distributing, and advertising merchandise branded with the

COLUMBIA mark.

64. Columbia Sportswear has not authorized the University to use the COLUMBIA

mark in the absence of any University Indicia on any of its merchandise.

65. The University’s unauthorized use in commerce of the COLUMBIA mark in

connection with apparel and accessories is likely to cause consumers to mistakenly believe that

the University’s merchandise is sold, authorized, licensed, endorsed, or sponsored by Columbia

Page 27 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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Sportswear, or in some way affiliated, connected, or associated with Columbia Sportswear.

Because Columbia Sportswear has superior rights in the COLUMBIA mark for apparel, the

University’s conduct constitutes trademark infringement in violation of Section 32(1) of the

Lanham Act, 15 U.S.C. § 1114(1).

66. The University’s conduct threatens to cause and is causing immediate and

irreparable harm and injury to Columbia Sportswear, and will continue to both damage Columbia

Sportswear and confuse the public unless enjoined by this Court. Columbia Sportswear has no

adequate remedy at law.

67. Columbia Sportswear is entitled to, among other relief, injunctive relief and an

award of actual damages, the University’s profits, enhanced damages and profits, reasonable

attorney fees, and costs of the action under Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§

1116 and 1117, together with pre- and post-judgment interest.

FOURTH CLAIM FOR RELIEF

(False Designation of Origin and Unfair Competition in Violation of 15 U.S.C. § 1125(a))

Columbia Sportswear repeats and realleges the allegations above as if fully set

68. forth herein.

69. The University’s unauthorized use in commerce of the COLUMBIA mark as

alleged herein is likely to deceive consumers as to the origin, source, sponsorship, or affiliation

of its merchandise, and is likely to cause consumers to mistakenly believe that the University’s

merchandise is sold, authorized, licensed, endorsed, or sponsored by Columbia Sportswear, or

that the University is in some way affiliated, connected, or associated with Columbia Sportswear.

70. Certain items of the University’s Infringing Merchandise are also likely to cause

consumers to mistakenly believe that Columbia Sportswear has, at any point, collaborated,

Page 28 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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authorized, licensed, endorsed, or sponsored Nike apparel, or that Columbia Sportswear is in

some way affiliated, connected, or associated with Nike.

71. The University’s unauthorized use in commerce of the COLUMBIA mark as

alleged herein constitutes false designation of origin and a misleading description and

representation of fact.

72. Upon information and belief, the University’s conduct as alleged herein is willful

and is likely to cause confusion, mistake, or deception as to the affiliation, connection, or

association of the University and Columbia Sportswear.

73. The University’s conduct as alleged herein constitutes unfair competition in

violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

74. The University’s conduct threatens to cause and is causing immediate and

irreparable harm and injury to Columbia Sportswear, and to Columbia Sportswear’s good will

and reputation, and will continue to both damage Columbia Sportswear and confuse the public

unless enjoined by this Court.

75. Columbia Sportswear has no adequate remedy at law.

FIFTH CLAIM FOR RELIEF

(Trademark Infringement Under Oregon Common Law)

Columbia Sportswear repeats and realleges the allegations above as if fully set

76. forth herein.

77. Columbia Sportswear owns common law trademark rights in its COLUMBIA

mark that are superior to any right that the University may claim to have in that mark in relation

to apparel such as shirts, sweatshirts, and hats.

Page 29 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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78. The University’s unauthorized use in commerce of the COLUMBIA mark to

advertise and offer merchandise for sale is reasonably likely to cause confusion and deception

with Columbia Sportswear’s brand, or will cause confusion, mistake, or deception as to the

origin of the University’s Infringing Merchandise.

79. The University’s conduct as alleged herein constitutes trademark infringement

under Oregon common law.

SIXTH CLAIM FOR RELIEF

(Unfair Competition Under Oregon Common Law)

Columbia Sportswear repeats and realleges the allegations above as if fully set

80. forth herein.

81. Oregon common law.

The University’s conduct as alleged herein constitutes unfair competition under

JURY DEMAND

82. Pursuant to Fed. R. Civ. P. 38(b), Plaintiffs hereby demand a trial by jury of all

issues so triable that are raised herein or which hereinafter may be raised in this action.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their

favor on each and every claim for relief set forth above, and award them relief, including but not

limited to the following:

1. Defendant and all of its agents, officers, employees, representatives, successors,

assigns, licensees, contractors, attorneys, and all other persons acting for, with, by, through, or

under authority from the University, and each of them, be enjoined, both preliminarily and

permanently, from:

Page 30 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

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a. Using the COLUMBIA mark without at least one other specifically-identified

University Indicia, on or in connection with apparel and accessories;

b. Selling, offering for sale, distributing, or advertising any apparel or

accessories bearing the COLUMBIA mark without at least one other

specifically-identified University Indicia; and

c. Using any trademark, name, logo, design, or other source designation of any

kind, with any merchandise, that is likely to cause confusion, mistake,

deception, or public misunderstanding that such goods are produced,

provided, or endorsed by Columbia Sportswear, or are sponsored or

authorized by Columbia Sportswear.

2. Ordering the University to recall all products bearing the COLUMBIA mark

without at least one other of the specifically-identified University indicia that are in the

University’s possession, or that have been shipped by the University or under its authority, to

any customer, including but not limited to, any wholesaler, distributor, retailor, consignor,

licensee, or marketer.

3. Ordering the University to donate to charity on terms agreeable to Columbia

Sportswear, or to otherwise destroy, all Infringing Merchandise in the possession, custody, or

under the control of the University.

4. Compelling the University to account to Columbia Sportswear for any and all

profits derived by it from the sale or distribution of the Infringing Merchandise as described in

this Complaint;

5. Awarding Columbia Sportswear all damages caused by the acts forming the basis

of this Complaint;

Page 31 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

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6. Awarding Columbia Sportswear treble damages based on Defendant’s knowing

and intentional use of the COLUMBIA mark without at least one other University Indicia,

enhanced as provided for by 15 U.S.C. § 1117(a) and (b);

7. Finding that this case is exceptional and requiring Defendant to pay to Columbia

Sportswear the costs and reasonable attorneys’ fees incurred by Columbia Sportswear in this

action pursuant to 15 U.S.C. § 1117(a) and any other applicable statute so allowing.

8. Awarding Columbia Sportswear punitive damages, based on Defendant’s willful

and deliberate infringement of the COLUMBIA mark, in part to deter such conduct in the future.

9. Awarding Columbia Sportswear pre- and post-judgment interest on all monetary

awards; and

10. Any such other and further relief as the Court may deem fair and just.

Dated this 23rd day of July, 2025.

Respectfully submitted,

SCHWABE, WILLIAMSON & WYATT, P.C.

By: s/ Nika Aldrich

Nika Aldrich, OSB #160306

By: s/ Jason P. Evans

Jason P. Evans, OSB #193573

Attorneys for Plaintiffs

Page 32 – COMPLAINT Schwabe, Williamson & Wyatt, P.C.

Attorneys at Law

1420 5th Ave., Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Fax:206-292-0460