Trademark infringement
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For the past few years, Nike has made it a point to go after any and everyone who’s been banking off their products whether it be through bootlegging, patent infringement or even biting their silhouettes.
Even sneaker customizers aren’t safe from Nike’s high-powered and well-funded attorneys. Revered sneaker customizer, the Shoe Surgeon, just became the Swoosh brand’s latest target as he’s been hit with a lawsuit over the custom remixes he’s created over the years.
According to Sneaker Legal’s official Instagram page, popular sneaker customizer, the Shoe Surgeon (Dominic Ciambrone, pictured above) has some explaining to do in a court of law as Nike has just slapped him with a trademark infringement complaint over the customizations he’s created over the years.
Accusing the Shoe Surgeon of counterfeiting and misleading customers who may think his creations are actual collaborations with the company, Nike wants to put a stop to Ciambrone’s bread and butter. The lawsuit also claims that they’ve tried multiple times to straighten the situation out without having to resort to legal action, but apparently Ciambrone would simply remove the customized Nike’s from his website only to resell them on other platforms.
Nike even singled out Ciambrone’s Shoe Surgeon Academy, which is problematic because it teaches people how to customize sneakers on their leading to more bootlegging out on these streets.
Nike doesn’t just want the Shoe Surgeon to shut down his operation, but they are also seeking $60 million, or the profits the defendant garnered from his work, along with their attorney fees. Lord knows how much Nike is paying their attorneys, but if they are constantly winning these kinds of cases, it’s no small fee.
Speaking to Complex about the matter, Nike explained why they take such measures when it comes to their sneaker products.
Per Complex:
“Our goal is to make sure consumers are not misled and have access to authentic Nike, Inc. products that are authorized and created according to our high standards with the performance benefits they expect. It is unfortunate that after many attempts to resolve this matter privately, we’ve had to take legal action against the Shoe Surgeon for counterfeiting, mass customization, and trademark infringement. In order to safeguard our brand and IP, and aligned with Nike’s commitment to protect the consumer from counterfeit Nike product, we are left with no choice but to seek a legal solution to address how the Shoe Surgeon is constructing counterfeit ‘Nike’ footwear from scratch and selling it as officially branded product. Further, the Shoe Surgeon is teaching others to create counterfeit ‘Nike’ sneakers. These activities are illegal, deceive consumers, and create confusion in the marketplace around source, authenticity, and quality of Nike products.
“We valued our relationship with the Shoe Surgeon and do not have any issues with the limited, one-of-one customization he’s been doing for us or his clients, when allowed under Nike-sponsored athletes’ contracts. In fact, we value opportunities for our athletes, consumers and partners to express themselves through their own style and creativity.”
Looks like the Shoe Surgeon has his work cut out for him.
What do y’all think of Nike’s latest lawsuit against a well-known sneakerhead in the game? Fair or foul? Let us know in the comments section below.
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Photo: Getty
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Source: Lynne Cameron – The FA / Getty
After a year of back-and-forth in a court of law, Nike and a Kool Kiy partner have reached a settlement on a trademark infringement lawsuit that the Swoosh brand filed against Kool Kiy in 2022.
Nice Kicks is reporting that Nike and Kool Kiy partners David Weeks and Nickwon Arvinger have seemingly settled their lawsuit filed, Aug. 23, in which Nike accused the up and coming brand of straight biting their Air Jordan 1 silhouette with minor differences and making a profit off of it. Real talk, a lot of heads were copping those Kool Kiy kicks as they weren’t half bad. Yes, they looked like OG Air Jordan 1s, but instead of a Swoosh check they sported a lightning bolt logo on the side.
Nice Kicks reports:
The court ordered that defendant David Weeks admit that Nike is the exclusive owner of all registered trademarks named in the lawsuit.
Additionally, the judge ordered that Weeks would no longer be able to produce and distribute Kool Kiy’s shoes.
On February 15, Kool Kiy filed a counter lawsuit that stated that customers wanted a product different from the “norm” and that Kool Kiy’s registered Lightning Bolt trademark logo did not resemble the Nike Swoosh. The new ruling dismissed all of Kool Kiy’s counterclaims against Nike.
Yeah, the reasoning behind Kool Kiy’s countersuit didn’t have a chance in hell. Just sayin’.
The news comes a year after Nike reached a settlement with John Geiger over his trademark Infringement as he was using the Nike Air Force 1 silhouette to create his own GF-01 sneakers that bore a striking resemblance to the classic Nike silhouette.
In the past few years, Nike hasn’t been scared to flex their legal muscle as they’ve been suing any and everyone they feel are exploiting their products for their own personal financial gain. From custom designers to Stock X, no one is safe if they’re messing with Nike’s billion dollar empire. Heck, if you go viral for dancing wrong in a pair of SB Dunks, Nike might serve you with a legal notice to stop dancing in their products. It’s that real.
What do y’all think of Nike settling with Kool Kiy? Will you miss the Kool Kiy kicks with the lightening bolt? Let us know in the comments section below.
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