The owners of a small Chicago-based African American owned apparel company have sued basketball apparel power-players Nike, Reebok, AND1 and several other companies for infringing its trademarks.
“The lawsuit alleges individual and collective infringement of my client's `Crossover King' trademark,” said SB Designs' counsel Christopher Langone of the Langone Law Firm. “By filing this lawsuit my client hopes to send a message to larger companies that SB Designs will vigorously protect its rights and will not permit anyone to capitalize on their intellectual property and create marketplace confusion.”
One suit filed in U.S. District Court in Illinois claims Nike infringed SB Designs' trademarked “Crossover King” name and image of a basketball player executing a crossover dribble and used it to promote product featuring Nike endorsed NBA star Tim Hardaway.
The lawsuit alleges that SB Designs pitched their Crossover King concept to Nike and were rebuffed. After rebuffing SB Designs, Nike marketed product featuring Tim Hardaway and the Crossover King trademark. SB Designs demanded that Nike cease and desist, but Nike refused stating their use of the trademark was fair use. Nike's motion for summary judgment on the issue of fair use was denied. The case is pending and Tim Hardaway has been subpoenaed for deposition.
SB Designs also filed a combined complaint in U.S. District Court in Illinois against Reebok, AND1 and several other companies for infringing their “Crossover King” trademarks.
SB Designs' originally sought to present a combined complaint against Nike, Reebok and AND1 for the court's consideration. Court records indicate that Reebok counsel advised SB Designs' counsel that Nike forwarded a copy of the complaint to Reebok as well as a copy of the court proceedings. Subsequently, Reebok filed what the Plaintiffs believed to a pre-emptive suit in a forum convenient to them.
SB Designs' investigation revealed the existence of websites that used the phrase “Crossover King” in connection with the marketing of Reebok and Reebok star basketball player Allen Iverson. SB Designs' complaint stated AND1 infringed the Crossover King trademark by using it as an Internet handle to attract viewers to AND1 sponsored websites that promoted AND1 products. The lawsuit also alleges that AND1 engaged in joint promotional efforts with another company accused in the complaint of infringing the Crossover King trademark.
“We created the Crossover King basketball concept and have fought to protect and establish our mark for nearly a decade,” said one SB Designs owner. “When the crossover basketball concept was undiscovered and no one understood what Crossover King represented, we promoted it. Now that it's popular why should others benefit from our foresight, hard work and sacrifice? It's only fitting that we should be the rightful benefactors of this powerful basketball concept.”
