A trademark infringement lawsuit involving branded merchandise, a skateboard apparel brand, professional golfer Phil Mickelson’s LIV Golf team, HyFlyers GC, and LIV Golf Incorporated may be going to settlement.

Kimberly Maynard, a New York-based attorney representing HyFlyers GC and LIV Golf, said in a court filing this month that her clients were close to settling the suit brought against them in June by Cool Brands Supply Co.

Maynard asked a federal judge in the U.S. District Court for the District of New Jersey for an extension, to Nov. 3, of the court-allowed time her clients have to respond to Cool Brands’ complaint because a deal was in the works.

“This extension will allow the parties to continue to finalize the terms of a settlement agreement to which they have agreed in principle,” Maynard wrote, noting that Cool Brands’ attorneys supported the extension, which was granted. Further details on the settlement weren’t shared.

In its complaint, Cool Brands Supply asserts that the logo that HyFlyers GC uses on its branded merchandise and elsewhere infringes on trademarks held by Fallen Footwear by being “nearly identical” to the logo of the skateboarding apparel/footwear brand. Cool Brands Supply Co., an Argentina-based business with what’s described as a substantial presence in the United States, owns the intellectual property rights to Fallen Footwear.

Primer: How To Handle Trademark Infringement Issues https://t.co/CgxQne4DW5

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Cool Brands alleges that it asked HyFlyers GC/LIV Golf to stop using the logo at issue and that the defendants refused – something that shows “willful infringement and unfair competition,” the lawsuit maintains.

Fallen’s logo, which it has used for about 20 years, features on shoes, hats, clothing and accessories. It’s composed of two artistically styled back-to-back “Fs,” for Fallen Footwear. The HyFlyers logo also displays stylized letters. The composition of the letters in both logos is suggestive of wings. The HyFlyers logo has appeared on items that include hats, shirts and sweatshirts, the lawsuit states.

Cool Brands Supply’s suit says that the similarities between the logos has confused consumers and hurt the Fallen Footwear brand.

In its original complaint, Cool Brands asked the judge to order HyFlyers GC/LIV Golf to stop using the logo they say infringes on Fallen Footwear’s trademarked logo. The suit was also seeking compensatory damages from the defendants and wanted a judge to compel HyFlyers/LIV Golf to account for and pay to it “all gains, profits and advantages” derived from the alleged infringement.

LIV Golf Incorporated is a professional golf tour that began in 2022 and is backed by the sovereign wealth fund of Saudi Arabia.

Legal arguments and outcomes in trademark and copyright cases related to graphics on apparel and branded merchandise can prove valuable for promotional products pros, as they consider potential trademark/copyright issues in the course of business.

Earlier this year, ASI Media spoke with legal experts for tips on avoiding trademark infringement when creating logos and graphics. The experts also gave advice on what to do if your trademark has been infringed upon, or if you’ve been hit with a violation claim.

One way to avoid committing trademark infringement? Conduct a comprehensive trademark search – a process that includes undertaking a review in the U.S. Patent and Trademark Office’s Trademark Electronic Search System (TESS).