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Prove It!® Sportswear has come a long way to establish itself as a recognizable brand amoung the billion dollar companies who have tried to use Mr. Calmese's PROVE IT!® brand without the proper consent.  Adidas, Nike, Under Armour and Toyota have all forced Michael Calmese into federal litigation while Mr. Calmese has had no legal representation or legal training.  

Neverthless, after defeating adidas with NO attorney at the 2010 trial in Portland Oregon and overcoming adidas' appeal to the Ninth Circuit Court of Appeals Calmese's trial victory was finally  MANDATED by the United States 9th Circuit Court of Appeals in 2013 and the parties reached a settlement in late 2017.  Calmese also reached a settlement in the Under Armour matter the following year ending all litigation in 2018!

Prove It!® is finally back on the grind and willing to work with any of the above companies accept adidas.  Now you the cusotmer can fall in love with our PROVE IT!® brand just like adidas, Nike and Under Under Armour have proving that Prove It!® is one of the hottest trademarked slogans in the USA. 

PURCHASE OFFICIAL REGISTERED PROVE IT!® BRANDED MERCHANDISE EXCLUSIVELY ON THIS WEBSITE ONLY

PROVE IT!®

 
Adidas vs Michael Calmese
Adidas vs Michael Calmese

An Arizona small business owner has won the latest round in an ongoing trademark skirmish with Adidas America Inc. in federal court in Portland.

U.S. District Judge Anna J. Brown ruled Friday that Michael Calmese of Peoria, Ariz., could continue using the phrase "Prove It!" which he contends he has done for years on various sports apparel, including T-shirts and caps.

Attorneys for Adidas America sought to have that right taken away, contending that Calmese made false statements in his applications to the U.S. Patent and Trademark Office to legally protect the phrase "Prove It!"

Because Adidas was seeking to cancel Calmese's trademark registration, the company had "the burden of proof" to show the small business owner had committed fraud in obtaining the trademark, Brown's ruling says. The company did not provide convincing evidence to support the claim, she ruled.

At the same time, Brown's ruling notes that if Calmese had the burden of proof in the case, the court "likewise would be unable to rule affirmatively in Defendant Calmese's favor" based on evidence and testimony offered in a two-day trial earlier this month.

Calmese filed his original trademark application in 1996. The trademark office rejected it, and again in 1997,but another application was approved in 1998, according to court documents. Products with the phrase have been sold primarily in the Phoenix, Ariz., area, according to Calmese, though he has featured the products on websites, too.

Adidas and Calmese clashed starting in 2007 when Calmese sent Adidas representatives letters threatening the company with legal action over the company's use of the "Prove It!" phrase on sports apparel and sales tags.

Between late 2006 and October 2007, Adidas sold about 15,000 T-shirts with the phrase "PROVE IT" above an image of a basketball, football or baseball. Adidas filed a complaint for declaratory judgment in federal court in Portland in January 2008 after it received another threatening letter from Calmese.

Adidas won that declaratory judgment in October 2009.

Calmese and Stephen Feldman, a lawyer with the law firm Perkins Coie, who represented Adidas, declined to comment Tuesday, both citing the possibility of continued litigation.


 

ALL RIGHTS RESERVED

Any reproduction of the mark PROVE IT!® relatiing the sports clothing / clothing without the expressed written consent of Michael D. Calmese is prohibited.

PROVE IT! Reg. No. 2202454 (EST 1998)
Contact us
Prove It! Sportswear / USAPROVEIT.COM
3046 N. 32nd Street
Phoenix, AZ 85018
602-762-8098
usaproveit@yahoo.com