As reported by Hypebeast, in response to the continuing growth of the custom and bootleg market in the sneaker scene, Nike has taken legal action against several prominent parties to protect its brand and intellectual property. Lawsuits have been filed against Warren Lotas, John Geiger, BAPE, Kool Kiy, and most recently, The Shoe Surgeon, with demands for $60M USD in damages — which, it notes, are “the profits the defendant generated from counterfeiting, trebled, along with attorneys’ fees” — relating to over 30 Nike trademarks.
The Shoe Surgeon is known for creating bespoke sneaker designs based on existing Nike silhouettes and working with collaborators to develop unauthorized Nike designs.
While he has previously worked with Nike to craft unique pairs for Nike-sponsored athletes such as LeBron James, the Swoosh has escalated the matter to a legal one, citing concerns over trademark infringement and unauthorized use of their brand and designs. Nike also takes issue with The Shoe Surgeon's running of classes that teach others how to replicate their trademarks.
The lawsuit comes less than a month after Goyard filed a lawsuit against The Shoe Surgeon for unauthorized use of its signature materials in custom sneakers.
In response, Nike issued the following statement: "Our goal is to ensure that consumers have access to authentic NIKE, Inc. products created according to our high standards with the performance benefits they expect. 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. These activities are illegal, deceive consumers, and create confusion in the marketplace around source, authenticity, and quality of Nike products."
The Shoe Surgeon's team, SRGN Studios, released a statement expressing their confusion over Nike's decision to pursue litigation instead of discussion and their confidence in resolving the matter through dialogue and collaboration:
“It’s a dream to collaborate with legendary brands. Especially with the brand who tells us to believe in something. Who tells us it’s only crazy until we do it. Tells us the best is yet to come. Tells us to be better. To just do it.
We are confused Nike has chosen litigation over a discussion, but we are confident with proper dialogue and collaboration we can resolve this with the new management team and turn it into a win for the culture.
Creating defines us. Our pursuit of greatness is the soul of every creation and authenticity is stitched into our DNA.
Where there is unity, there is victory.”
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