7-Eleven filed a federal trademark infringement lawsuit against Nike over an upcoming Air Max 95 trainer that it reports “copies its trademarked ‘Tri-Color Mark.’” The convenience store giant also claims it has used the orange, green and red stripe combination commercially since at least 1987 and that it holds multiple federal trademark registrations for the pattern.
The complaint, filed in the U.S. District Court for the Northern District of Texas, focuses on Nike’s Air Max 95 Big Bubble sneaker in a “sport green and safety orange” colorway. The shoe is scheduled for release on July 11, which 7-Eleven said is widely recognized as “7-Eleven Day” or “Free Slurpee Day”. According to the complaint, the model is already being offered for presale.
7-Eleven alleges in the complaint that Nike’s use of the color combination amounts to “a deliberate and willful effort to associate its footwear with 7-Eleven.” The company also claims this has caused consumer confusion and points to product listings, referring to the sneaker as the “7-Eleven” shoe.
The lawsuit also cites unsolicited media coverage that described the Tri-Color Mark as “instantly recognizable,” “unmistakable,” “signature,” and “iconic,” as well as headlines linking the footwear directly with the retailer.
According to the complaint, 7-Eleven “repeatedly contacted Nike in an attempt to resolve this dispute” before filing suit.
7-Eleven has filed seven counts against Nike. These include federal unfair competition and trademark infringement under the Lanham Act, federal trademark dilution and four claims under Texas common law and state statute concerning trademark infringement, unfair competition through misappropriation, and dilution.
The convenience store giant is seeking a permanent injunction to stop Nike from selling the sneaker. It also seeks a recall of existing inventory, destruction of infringing materials, disgorgement of profits, treble damages, exemplary damages, and attorneys’ fees and costs.
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