Overview:
Columbia Sportswear claims Columbia University violated a June 2023 agreement, and seeks to school the university in trademark law. How might consumer surveys make the grade in court?
A Textbook Case of Trademark Infringement
Columbia Sportswear is a Portland, Ore.-based American outdoor apparel and equipment manufacturer, founded in 1938. Its clothing is sold in over 800 locations, including 150 retail stores. Columbia University is a private Ivy League research university in New York City. Columbia Sportswear holds various trademarks for clothing, while Columbia University holds a wordmark for Columbia University, and uses various apparel trademarks for athletic clothing.
In a lawsuit filed in Oregon in July of 2025, Columbia Sportswear accused Columbia University of unauthorized usage of the Columbia trademark. The sportswear company’s claim included allegations that the university breached a June 2023 agreement, wherein Columbia University would use the Columbia name on merchandise only in conjunction with accompanying university insignia, including the word University, its shield, crown, founding date (1754), the letter “C” logo, or its lion mascot.
Columbia Sportswear noticed garments without school indicia being sold at the Columbia University online store. Its complaint said that the apparel featured a bright blue, which it alleged is confusingly similar to a color Columbia uses. The suit included photos of items that include only the word “Columbia,” without other symbols of the university. It argues that “The likelihood of deception, confusion, and mistake engendered by the university’s misappropriation and misuse of the Columbia name is causing irreparable harm to the brand and goodwill symbolized by Columbia Sportswear’s registered mark Columbia and the reputation for quality it embodies.”
A Higher Education in Likelihood of Confusion Requirements
The plaintiffs in a trademark infringement case must prove that consumer confusion is reasonably likely. In this case, some similarities at issue are the university’s use of the color blue and the wordmark, Columbia. Reliable measures of consumer confusion can help courts decide trademark infringement disputes.
Survey School in Session
Where two entities use allegedly similar trademarks, consumer surveys are the best way to measure consumer perceptions of those marks. Could consumers mistakenly think the university-affiliated products are backed by the sportswear brand? Consumer surveys can measure whether the university’s use of “Columbia,” without other symbols of the university, created consumer confusion about brand origin or affiliation. Either the plaintiff or the defendant might find it helpful to be able to offer this type of survey evidence.
Will Consumer Surveys Make the Grade?
If the matter moves forward, it is very possible that survey evidence will be introduced. Consumer surveys provide courts with empirical evidence of consumer confusion. MMR Strategy Group, an IMS Legal Strategies company, designs consumer surveys for trademark disputes that measure how consumers interpret brand usage and more.
This trademark dispute between Columbia Sportswear and the university is a textbook case of a trademark infringement allegation—but consumer surveys may make the grade for strategic litigators. If you believe survey evidence could benefit your trademark or false advertising case, contact MMR Strategy Group, an IMS Legal Strategies company, to discuss how we can help.