US retailer 7-Eleven has filed a federal trademark infringement lawsuit against Nike over an upcoming Air Max 95 trainer that it says copies its trademarked “Tri-Color Mark”.
The case was filed in the US District Court for the Northern District of Texas, Dallas Division. Nike is named as the defendant, and 7-Eleven has requested a jury trial.
7-Eleven said 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 focuses on Nike’s “Air Max 95 Big Bubble” trainer in a “sport green and safety orange” colourway.
The shoe is scheduled for release on 11 July, which 7-Eleven said is widely recognised as “7-Eleven Day” or “Free Slurpee Day”.
Retail Insight Network has contacted Nike for comment.
According to the filing, the trainer is already being offered for presale, including to customers in Texas.
The complaint also cites an example in which a consumer bought the shoe through a third-party website before its official launch.
7-Eleven alleges that Nike’s use of the colour combination amounts to “a deliberate and willful effort to associate its footwear with 7-Eleven”.
It claims this has already caused consumer confusion and points to product listings referring to the trainer as the “7-Eleven” shoe.
The lawsuit also cites unsolicited media coverage that described the Tri-Color Mark as “instantly recognisable”, “unmistakable”, “signature” and “iconic”, as well as headlines linking the footwear directly with the retailer.
According to the complaint, 7-Eleven “repeatedly contacted Nike to attempt to resolve this dispute” before filing suit.
The retailer said Nike indicated it would proceed with its marketing plans and the 11 July launch despite those contacts.
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 company is seeking a permanent injunction to stop Nike from selling the trainer.
It is also asking for a recall of existing inventory, destruction of infringing materials, disgorgement of profits, treble damages, exemplary damages, and attorneys’ fees and costs.
