US clothing, footwear and swimwear retailer American Eagle Outfitters, Inc. (AEO) has filed a lawsuit against US footwear retailer Payless ShoeSource, Inc. for allegedly infringing the company’s trademark with its use of the American Eagle footwear mark, which it purportedly acquired from shoe wholesaler Jimlar Corporation last year.

For over two decades, AEO and Jimlar co-existed without customer confusion,  however, AEO now contends that Payless is deceiving consumers by portraying itself as the owner of ‘the youth fashion brand American Eagle’ and indicating that it is selling genuine American Eagle Outfitters merchandise when it is not.

Additionally, it believes that Payless is marketing American Eagle shoes and accessories with advertising and promotional materials that copy its marketing style.

AEO is seeking an order requiring Payless to take specific steps to eliminate the impression that it is selling genuine American Eagle footwear.