Nike, Inc sued Bathing Ape (BAPE), the Japanese fashion brand in New York, for allegedly copying some of its most iconic footwear styles.
According to Reuters, Nike said in court papers that BAPE’s footwear business “revolves around copying Nike’s iconic designs” and that some of BAPE’s shoes are “near verbatim” copies of Nike’s Air Force 1, Air Jordan 1 and Dunk sneakers.
Nike said BAPE’s U.S. footwear sales were “sporadic” until 2021 when it “drastically increased the volume and scope of its infringement.”
“BAPE’s copying is, and always has been, unacceptable to Nike, and because BAPE’s infringements have recently grown to become a significant danger to Nike’s rights, Nike must act now,” the lawsuit said.
The lawsuit said BAPE’s designs would confuse potential customers. It cited secondary-market sellers who referred to BAPE shoes as “Air Force 1s” or “Dunks.”
According to The Fashion Law, Nike contends that “BAPE’s copying is and always has been unacceptable … and because BAPE’s infringements have recently grown to become a significant danger to Nike’s rights,” it has no choice but to “act now.”
Nike asserts that it “notified BAPE of its infringements and asked it to stop,” but instead of ceasing the alleged infringements, “BAPE continues to escalate its infringing activity,” prompting Nike to “bring this lawsuit to stop [such] unauthorized use of [its] trademarks.”
Nike asked the court to order BAPE to stop selling the shoes and requested an unspecified amount of monetary damages.
The case is Nike, Inc v. USAPE, LLC, U.S. District Court for The Southern District of New York, No. 1:23-cv-00660.
Photo courtesy Nike/Unsplash
