Copycat, Copycat: American Eagle Outfitters Wins Injunction Against Payless Shoes
Have you noticed that Payless Shoes is starting to sell American Eagle Outfitters merchandise? Well, they're not. They bought a a footwear brand called American Eagle from another company and (allegedly) redesigned it to look like American Eagle Outfitters' merchandise.
The Pittsburgh Business Times says:
American Eagle said that for more than 20 years, it and shoe wholesaler Jimlar co-existed without customer confusion, but that Payless has been falsely indicating to consumers it is selling American Eagle Outfitters merchandise.
A court has now issued a ruling that forces Payless to put up a clear "disclaimer" that informs customers that they are not buying American Eagle Outfitters products. This isn't the first time Payless has run into trouble for doing this sort of thing, apparently they've also lost lawsuits brought by Adidas and K-Swiss.
American Eagle wins injunction against Payless over shoe portrayal [Bizjournals]
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Comments:
The sandals in the picture don't really look like imitations to me, but there must be some other kinds out there that are worse for this lawsuit to go through. I'd have to say though, that seeing the brand name American Eagle printed on them would make me wonder.
@goodywitch:
American Eagle is an outlet store found in malls that sells its own branding of clothing and shoes. Very similar to Old Navy, GAP, etc.
@Tian: Amen. AE is just trying to cling on to whatever they can while Payless is trying to win off of false hype.
Yeah, I was wondering if AEO and Payless's AE were related. It was very confusing. Im glad that this will clear things up.
You people gotta know that the whole fashion industry is based on ripping off competitor's ideas -- NOT ripping off brand names (like this AE case). There have been lawsuits that allege that brand A copied clothing styles of brand B, which have been thrown out of court. Yout can't patent a fashion trend.
@rdldr1: Some of these cases have been very close or won (I don't remember)--Gwen Stefani and Anna Sui against Forever 21. Still, it was the print and not the cut/pattern being copied, but the brand name wasn't used at all.
@ElizabethD: You should have let her keep thinking that -- would have saved you a shitload of cash.
American Eagle Outfitters is such a ridiculous tooley place to shop. I hope my kids don't want to be lemmings when they are teenagers.
The American Eagle brand has been around for years - I remember first seeing it at department stores when I was in high school and being confused, which was also right around the time that the AE brand started using the "outfitters" part of their name more often. I always assumed that the timing was relevant, and that possibly the American Eagle brand pre-dated the AEO stores.
@morganlh85: Actually the box already has this on it. It says it is not affiliated with American Eagle, the clothing store.
@Triborough: If American Eagle Outfitters ever gets into the airlines business, then I would expect a lawsuit. A clothing company and an airline company could hardly infringe upon each other.
@cedarpointfan: I figured it was AEO stuff, since they acquired Airwalk too.
Remember when Airwalk was cool? Well, you would if you didn't blink.
I've been bamboozled! I was totally mislead, thinking that Payless was carrying AEO shoes. I noticed that the logo was different, but I just thought they used a different logo for the Payless merchandise. Ashley furniture sells at Big Lots under the "Ashley Signature" name, so I thought surely it was possible.
The most striking thing to me, though, was how similar a pair of Payless "AE" shoes look to a pair of Skechers I bought to replace them:
@n1ckel5: I still have a grease-sodden pair of Airwalks somewhere around this house. Grease courtesy of Boston Market, and this was at the tail end of anyone caring about Airwalk, which was, what, 10 years ago?
I shop at a huge variety of stores, but when it comes to shoes (not tennis shoes, though) I usually buy from Target or Payless because they are cute shoes and just as good. I have some AE shoes that I got from Payless, and I knew exactly what they were. I thought it was awkward why they would put American Eagle on the shoes but it didn't fool me for a minute. I just thought it was a retailed brand that Payless bought from. I don't think they should have to put up the signs. AE and AEO are even different acronyms. Come on. And the logos are way different. Just saying, I wasn't fooled, a savvy shopper would know in the first place.
I really like AEO's styles, but I've been put off of them by a sweater I bought there in January. After a single washing (hand washed with Woolite in the sink, mind you), I found a 4" tear at a seam. WTF? Clothes that fall apart after one washing? AEO needs to leave that to Walmart. I do have a wonderful t-shirt from there that's soft and comfortable.
On a similar note, though I was raised wearing PLSS shoes, I won't go there now. They might be appropriate for kids though, since their feet are growing so fast they stand a chance of growing out of 'em before the plastic gives way.
I usually only buy shoes at JCPenney, but that's probably because I used to sell shoes there when I was 18.
American Eagle caters to a very specific and very suburban crowd who would like to believe it is still 1998. At least that's my best guess of who could still possibly be interested in buying giant flare jeans and rugby-striped polos. I think Payless has made a particularly bad choice in brands to trick people into thinking they sell.






















Yeah, Payless was trying pretty hard to mimic the real AE. I hope they have to post huge signs that say, "This product is not really made by American Eagle Outfitters"