This week, Nike filed a $60 million lawsuit against The Shoe Surgeon. Nike claims 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." The Shoe Surgeon is known for making custom sneakers. He customizes sneakers and shoes from all different brands, but based on the information we have, Nike is the first to file a lawsuit.
In the last couple of years, Nike has not been shy about protecting its brand and pursuing copyright infringement claims. Earlier this year, Nike settled a lawsuit with New Jersey-based designer Kool Kiy for $1 million. Nike sued him for trademark infringement as well a couple of years ago because of some similarities with the Nike Air Jordan 1's.
Nike is a cultural staple because of their stable of Black athletes as well as their impeccable marketing which always seems fairly authentic. Their work with Jordan changed sports marketing for years to come. This affinity for authenticity and support for Black athletes should not be confused with them being okay with their ideas being used by creators. Especially their bread and butter, their sneakers. Most creators simply want to create and are not thinking of any of these legal ramifications. They simply want to get their ideas out there. So, here are the trademarks explained. This is useful information as more Black creators want to be involved in fashion, especially footwear.
"A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors." - USPTO
A trademark is how customers recognize your brand or design. You can search the existing trademarks on the United States Patent and Trademark Office (USPTO) website. Trademarks are filed so that people don't confuse brands and you protect your name. A company will normally sue for trademark infringement if they believe that something you're doing can be confused with their trademark. They've created, protected, and marketed something. You use some version of it and customers may confuse it for you. Do you benefit from the work they do? They'll sue.
"Trademarks don’t have to be identical to be confusingly similar. Instead, they could just be similar in sound, appearance, or meaning, or could create a similar commercial impression. Here are examples of trademarks that were found to be confusingly similar." - USPTO
In the case of sneakers, you can file a trademark for a sneaker design. When you do so, it protects you from other people copying it. In the case of a company like Nike, they have trademarks on the name Nike, the logo for Nike, the slogan, and the sneaker designs. If you're deciding to start a company in fashion, this same approach is probably best. Protect your name, your logo, and some of your unique designs. In the age of the Internet, everyone can see everything. For this reason, always assume someone is watching and can steal, so stay protected.