Is it a K or an N?

This image was generated using AI

The large N on the side of a sneaker has been closely associated with New Balance since the 1970s. Now the American sportswear brand believes that Decathlon has come too close to it with the logo of its running brand Kiprun.

On 15 September 2026, New Balance brought proceedings in a federal court in Massachusetts for alleged trademark infringement.

The dispute centres on an angular Kiprun logo that is meant to represent a stylised K. On shoes, however, the logo is also used in mirrored form. According to New Balance, it is precisely that version that closely resembles its well-known N. The company argues that consumers may therefore think that the Kiprun shoes originate from New Balance, or that there is a commercial connection between the two brands. New Balance refers, among other things, to social media comments in which consumers noticed the similarity.

The court will have to assess whether the actual use on running shoes is liable to cause confusion. A handful of social media posts noting the similarity strike us as rather thin. A market survey on confusion, or instances of actual confusion, would certainly help. New Balance's use of the letter N on shoes over many years may, however, play a role. If New Balance can show that the distinctive character of its mark has been enhanced through intensive use, the scope of protection of the mark is also broader, and infringement is more readily found.

What we wonder in this case is whether Decathlon's legal department also looked at the final shoe. No doubt the department checked the letter K and found it to be available. That the letter would also be mirrored was a neat idea from the design department, but probably an unwelcome surprise for the legal department.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.