There is no doubt that Nike throughout the years has solidified itself in the world of sports apparel. Whether it is through celebrity endorsements or supporting political activism (Colin Kaepernick), it has always been able to keep its brand innovative and on trend. In contrast, Skechers seems to have only recently mastered the art of using celebrities and making its products seem ‘cool’ to the masses. Nike has stated that this is because Skechers have been copying the designs of other successful brands such as Adidas and itself.
Last Month, Nike filed another law suit against Skechers at the US District Court for the Central District of California. The law suit relates to 12 design patents for Nike Air Max 270 and VaporMax shoes. The alleged infringing Skecher designs are Sketch-Air Stratus models 13275, 13276 and 13278.
Nike has stated that the average consumer is likely to become confused between its designs and the infringing designs by Skecher. Arguably, gone are the days where it was just ‘sneakerheads’ buying trainers. With luxury brands such as Gucci, Chanel and Balenciaga entering this market, Nike must do all it can to protect its market shares.
Nike is seeking to prevent Skechers from benefiting from the infringement by seeking an injunction from the court. Furthermore, they are seeking supplemental damages or profits if the infringement continues until the final judgment is given. In addition, Nike is seeking compensation for Skechers willful infringement of its intellectual property (treble damages).