Nike has been no stranger in the courtroom over the past few years. The American-based footwear and apparel giant has been issuing cease and desists left and right as well as conducting numerous lawsuits. Corporations like Nike and Adidas have a much easier time of protecting their brand compared to smaller companies. Law and sneakers have intersected more than usual in the recent past. Nike has declared war on just about everybody who attempts to put their own spin on the check.
Law and Sneakers: Intellectual Property
Copyright and patent law has always been significant in the sneaker world. However, Nike has drawn more attention to the relationship between law and sneakers more than ever over the last couple of years. From lawsuits to cease and desists, Nike is showing no signs of backing down to anyone or any company.
Copyright infringement has always been a hot topic in fashion, but has become more ubiquitous in sneakers over the past decade or so. With tons of independent sneaker labels popping up left and right, corporations and lawyers have their hands full on an ongoing basis. Many of these smaller brands take “inspiration” from giants like Nike or even outright rip off Nike’s designs and iconic silhouettes.
Huge corporations cannot pursue every single copyright or patent law case. These industry giants must make calculated moves when dealing with the American legal system. Every case won’t go in their favor even with the immense resources that large corporations are capable of expending.
Intellectual property (IP) refers to property that includes intangible creations of the human intellect. The most well-known types of IP consist of patents, copyrights, trademarks, and trade secrets. IP rights are rights given to individuals over their creations. Corporations are not much different than an individual looking to protect their intellectual property.
Nike’s intellectual property goes far beyond what the public can see. For example, many sneakerheads know about sneaker labels trying to put their own “spin” on the Nike Air Force One or the Air Jordan 1. However, only a select number of people know about technology that has yet to come out. Nike as well as other companies seek to protect their IP that is available to the public and the property that may still be “in the works.”
Nike vs. Bape
Nike and Bape (A Bathing Ape) have maintained a complicated relationship ever since the Japanese-based streetwear label came out with the “Bape Stas,” which closely resemble the timeless and world-recognized Nike Air Force One. Nike has kept their distance from Bape until rather recently. Earlier this year, Nike settled the legal dispute over numerous sneakers produced by Bape.
Earlier this year, Nike announced their lawsuit against Bape was resolved “through an amicable resolution.” Nike settled the infringement lawsuit against Bape according to a filing submitted in New York’s Southern District Court. The two parties reached a settlement after Nike filed a trademark infringement suit against Bape in January 2023. The Japanese streetwear brand was accused of ripping off several sneakers including the Nike Air Force One and the Nike Dunk.
According to a statement given to Complex, the settlement led to Bape agreeing to discontinue the Bape Sta Mid, Court Sta, and the Court Sta High sneakers. The streetwear label also agreed to ultimately modify the Bape Sta and Sk8 Sta designs. Nike once offered Bape a licensing deal for shoes before the two parties reached a settlement in 2024.
The settlement outcome was no surprise as many smaller labels had to agree to modify designs after Nike came after them regarding trademark and copyright infringement lawsuits. This settlement between Bape and Nike set a precedent for relationships between corporations and smaller brands; the lawyers and resources at corporate giants remain unrivaled compared to their legal opponents at independent streetwear and sneaker labels.
Law and Sneakers: Designs and Copyright
Bape won’t be the last independent brand accused of jacking Nike’s designs. Countless smaller labels have taken iconic silhouettes like the Air Jordan 1 and stripped the Nike logos before rebranding them. There’s a reason all of these independent brands modify some of Nike’s best designs. The silhouettes are iconic, timeless, and recognizable all around the world, with or without the Nike or Air Jordan branding. Nike obviously views these small brands as legal headaches; nobody in the sneaker world can deny how the sportswear and footwear giant in Oregon has forever changed the trajectory of sneaker design.
Imitation is the sincerest form of flattery that mediocrity can pay to greatness.
-Oscar Wilde
Bape and Nike won’t be the last trademark and copyright infringement suit between the American sneaker and apparel giant. Nike has set a precedent of going after numerous designers for various instances of infringement like Kool Kiy and more recently the Shoe Surgeon. These lawsuits won’t stop anytime soon and Nike’s lawyers will continue to bill overtime for the forseeable future. Law and sneakers will continue to have a complicated relationship as more designers infringe upon intellectual property already copyrighted and/or trademarked.