The Eager Beavertons lost their appeal to the Fourth Circuit of the preliminary injunction granted by a NC district court judge over a year ago that prevented them from using “Sport Changes Everything” in an ad campaign. Fleet Feet had sued, claiming the tag line infringes on their registered “Running Changes Everything” and “Everything Changes” trademarks. The appeals court’s decision was unanimous, ruling the issue moot since Nike had already ended its advertising campaign and disavowed any intent to continue using the tagline.

The preliminary injunction prohibited the E.B.s from “any use whatsoever” of the phrase ‘Sport Changes Everything,’ or any ... Log in to view full article.