Nike has settled a custom sneaker lawsuit against a former employee and his company in a trademark infringement case, according to World Trademark Review.
Nike and Converse filed a lawsuit against Jeffrey Waskowiak and KickRich LLC in July 2021 in the District of Oregon, accusing the defendants of “reselling Nike and Converse products that have been materially modified in a manner that the brands do not ‘have ever approved or authorized”.
Nike and Converse claimed that the defendants acquired genuine Nike and Converse shoes, such as Converse’s Air Jordan 1, Air Force 1 and Chuck Taylor All Star, and then modified the uppers to create custom shoes that still displayed the logos. brands Nike and Converse.
While defendants use Nike and Converse shoes as their basis, plaintiffs argued that the genuine parts are “so modified and combined with non-authentic parts or logos from other brands that they can no longer be considered Nike or Converse shoes”. argued that such unauthorized customizations limit their abilities to control “their brands, business reputation and associated goodwill, which they have spent decades building”.
On December 10, 2021, the parties filed a motion for judgment that named Nike and Converse as the “exclusive owners” of a number of trademarks and trade dress (including upper design), entered into a permanent injunction against KickRich for infringement and dilution of Nike and Converse, and for using false trade names in its practice of “promoting, offering for sale and/or selling the goods” bearing these marks. The proposed settlement noted that KickRich “may offer and promote authentic Nike and/or Converse product customization services pursuant to the terms of the parties’ settlement agreement.”