7-Eleven sues Nike over alleged Air Max 95 trademark infringement
Thekabarnews.com—Convenience store giant 7-Eleven is in a legal fight with sportswear company Nike. The company accuses the footwear brand of infringing on its trademark with an unreleased version of...
Thekabarnews.com—Convenience store giant 7-Eleven is in a legal fight with sportswear company Nike. The company accuses the footwear brand of infringing on its trademark with an unreleased version of the Air Max 95 sneakers.
On July 1, 7-Eleven filed suit in the US District Court, Northern District of Texas. The suit alleges that Nike willfully copied its registered Tri-Color Mark, which uses the company’s signature orange, green, and red color scheme.
The retailer also asserts the design of the unreleased Air Max 95 creates an unauthorized association with the 7-Eleven brand.
Court papers say the similarities go beyond the color scheme of the sneaker. The complaint cites a graphic of what looks like convenience store shelves printed on the insole of the shoe. Moreover, marketing language references “strolling down to the corner store.”
7-Eleven says these details help sell the perception that the sneaker represents the retailer’s identity. However, Nike never announced an official collaboration.
Consumers may think the shoe is the result of a licensed collaboration between the two companies, the retailer says. Trademark law seeks to prevent such confusion by protecting distinctive brand identifiers with which consumers identify a particular business.
7-Eleven said it attempted to settle the dispute with Nike several times without success before the lawsuit was filed. Those efforts did not lead to an agreement, however, and the company has now taken its case to court.
7-Eleven, in its complaint, is asking the court to issue an injunction to prevent Nike from making, marketing, or selling the disputed sneaker.
The retailer also seeks to destroy existing inventory, recover Nike’s alleged profits from the product, monetary damages, reimbursement of attorney fees, and any other relief the court deems appropriate.
The case has sparked interest among sneakerheads, as it recalls a previous collaboration between the two companies. Nike and 7-Eleven planned to release a limited-edition Nike SB Dunk Low inspired by the convenience store chain in 2020.
Nike and 7-Eleven ultimately abandoned the project after the COVID-19 pandemic disrupted promotional plans for the Tokyo Olympic Games. The COVID-19 pandemic caused this disruption.
Following the lawsuit, Nike reportedly removed the unreleased Air Max 95 from its SNKRS app. The company had not publicly commented on the allegations or the pending lawsuit at time of publication.
Courts often determine trademark disputes in product design by assessing whether consumers are likely to confuse a product’s source or sponsorship.
The case moves through the federal court system. Furthermore, the proceedings could help define where the sneaker’s design crosses the legal line from creative inspiration to trademark infringement.
The lawsuit is the latest in a string of high-profile intellectual property battles in the footwear industry. In this industry, branding, color schemes, and collaborative releases are a major part of product marketing and consumer appeal.
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