Hi everyone,
I came across an article outlining Nike’s recent trademark infringement lawsuit against two prominent designers. Nike alleges that the designers have been promoting, copying, and selling Nike’s designs, specifically the Air Jordan 1 and Dunk, as their own. According to the lawsuit, Nike notified the designers of the alleged infringement in August 2021 and again in October 2022. Despite the multiple warnings, they designers have continued to profit off the infringing designs. Nike also says that the designs amount to false designation of origin, unfair competition, trademark dilution, and will likely cause customer confusion.
I would be shocked if Nike is unable to successfully establish a trademark infringement claim. Aside from the absence of the “swoosh”, the infringing designs are extremely similar. Forget customer confusion, I feel as though customers may intentionally purchase the knockoff design in order to save half the cost!!
Here’s a link to the article which also includes the infringing designs: https://www.complex.com/sneakers/nike-sues-designers-kool-kiy-omi-trademark-infringement. Feel free to share your thoughts! Do you think these designs amount to infringement?
Communications Law