SAN DIEGO (BRAIN) — De Soto Sport has reached an agreement with Aqua Lung that allows Aqua Lung to continue marketing Michael Phelps Xpresso swimwear. De Soto will stop using the Espresso name on its wetsuits after selling off its remaining stock.
De Soto said that according to the U.S. Patent and Trademark Office, both names are classified as apparel in USPTO Class 25. The names may be found to be confusingly similar by the average person, regardless of the spelling, the company said.
"We own a number of trademarks and patents, all of which we consider to be valuable assets to our company," said company founder Emilio De Soto. "So when someone called us to state they are not happy with Phelps' transgressions, wondering if their T1 Espresso was related somehow to Phelps, we said no and immediately contacted Aqua Lung. Preferring to proceed in a non-litigious way, we quickly negotiated an agreement resolving all possible infringement issues."
De Soto is selling off its remaining stock of T1 Espresso Wetsuits for 60 pecent below MSRP.
