Legal Eagle: What a Shox. Nike Accuses Wal-Mart Patent Infringement

The recent trend of sneaker-related intellectual property lawsuits continued last week when Nike Inc. accused Wal-Mart Stores Inc. of patent infringement.

In documents filed in federal court in Chicago on Monday, Nike said Wal-Mart has sold shoe designs that violate its patents for its Shox line of sneakers, which feature exposed, shock-absorbing coils in the heel. The Beaverton, Ore.-based sportswear giant filed the Shox patents in 2004. It included sketches from the filings in the suit in side-by-side comparisons with images of the Wal-Mart designs in question, which also feature exposed coils in the heel.

Nike said the infringement is intentional and willful, and that the intent made for an “exceptional case.” It is seeking a permanent injunction against Wal-Mart, court fees and other, unspecified damages.

YES! I LOOK FORWARD TO #GROWINGYOUNGER

PLEASE SUBSCRIBE ME TO YOUR MAILING LIST.
* indicates required

Wal-Mart did not return a call seeking comment Thursday.
Nike_shox_womens_4          Wal_mart_shox_2
Nike Shox vs. Wal-Mart’s version

According to WWD, sneaker infringement suits have been keeping lawyers busy lately.

In documents filed in federal court in Chicago on Monday, Nike said Wal-Mart has sold shoe designs that violate its patents for its Shox line of sneakers, which feature exposed, shock-absorbing coils in the heel. Nike filed the Shox patents in 2004. (See example above).

Late last month, Adidas accused Target of selling shoes that violated its three-stripe trademark. Asics served Dolce & Gabbana with a suit that claimed the fashion house had infringed on its own trademark stripes. Earlier in September, Wal-Mart settled a three-year-old infringement suit with Adidas over its sale of sneakers and sandals bearing two parallel stripes.

The Wal-mart version is under $20 whereas the Nike Shox are over $100.

Source: WWD

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.