Trademark Infringement in the Sneaker Industry
Trademark infringement is a huge issue in the sneaker industry. Just look at Lil Nas X and MSCHF; they did the Satan Shoes, where they took a Nike Air Max 97, injected human blood in the sole, and put devil imagery all over the sneakers. Nike sued for many different causes of action, trademark infringement being one of them. Trademark infringement is not something to take lightly. Remember this as you continue your online sneaker education.
Converse filed a complaint with the International Trade Commission against 31 different companies over trademark infringement on the Chuck Taylor sneakers. Adidas sued Skechers and actually won the case for trademark infringement on their Stan Smith. Warren Lotas was sued by Nike for his version of the Pigeon Dunk. The list goes on and on and on. You’ll see no shortage of these kinds of issues in your sneaker education.
In order to prove trademark infringement, you have to demonstrate two things. First, you must prove that you have a valid and protectable trademark. Next, you have to demonstrate that there’s a likelihood of consumer confusion; that the consumer will likely be confused as to the nature or origin of the product or services. In order to prove a likelihood of confusion, courts look at the Polaroid Factors, which is a long list of factors that they weigh against in order to determine whether or not there is a likelihood of confusion as to who actually owns the product or service.
