Nike is suing Bape for trademark infringement and is asking for 3x the amount of compensatory damages KossyDerrickBlog KossyDerrickEnt

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Thursday, January 26, 2023

Nike is suing Bape for trademark infringement and is asking for 3x the amount of compensatory damages

Nike is suing Bape for trademark infringement and is asking for 3x the amount of compensatory damages.

On Wednesday, Nike filed a lawsuit against Bape in a Manhattan federal court, accusing the brand of outright copying its sneaker designs. A graphic chart in the lawsuit submitted by Nike compares Bape’s Bape Sta to the Air Force 1, Bape Sta Mid to the Air Force 1 Mid, Sk8 Sta to the Dunk, Court Sta High to the Air Jordan 1, and Court Sta to the Air Jordan 1 Low. Originally released in 2000, the Bape Sta is Bape’s flagship sneaker. Taking cues from Japanese streetwear culture, the shoes were generally styled in vibrant colors and often featured patent leather builds. While resembling the Air Force 1, the Bape Sta (and other Bape sneakers) is marked by the company’s ‘STA’ logo.

For years, many have speculated about why Nike hadn’t taken aggressive legal action against Japanese streetwear brand A Bathing Ape, BAPE, after it had released several sneakers that appeared to be clear derivatives of its own designs. The question regained momentum over the past few years, as Nike targeted independent sneaker companies that sold an ‘inspired’ Air Jordan 1, Air Force 1, or Dunk-like model. Most recently, Kool Kiy and Omi were on the other end of a Nike infringement lawsuit over their look-alike designs. Now, the question about Nike’s apparent reluctance to after BAPE is no more, as the two are finally heading toward a courtroom showdown.

Addressing why it waited as long as it did to take legal action against BAPE, Nike says that’s not exactly the case. According to the lawsuit, Nike met with BAPE in 2009 to discuss the designs, resulting in the company diminishing its U.S. activities and closing most of its stores in the country. BAPE re-designed the Bape Sta in 2016 to less resemble the Air Force 1, but reintroduced its original version of the silhouette in 2021. That’s when Nike says BAPE “drastically increased the volume and scope of its infringement.” BAPE also allegedly refused to stop selling the infringing shoes when asks.

The footwear giant noted in court documents that BAPE is a "copyist whose infringements have recently grown to become a significant danger to Nike’s rights" and that the Japanese label's "current footwear business revolves around copying Nike’s iconic designs." Sneaker models mentioned in the papers, in particular, include the BAPE STA for its similiarities to the Air Force 1 Low; the BAPE STA Mid for the Air Force 1 Mid; the SK8 STA for the Dunk Low; the COURT STA High for the Air Jordan 1 High; and COURT STA for the Air Jordan 1 Low.

The document further states that BAPE first launched its copied footwear design in 2005 in the U.S. and has continued to release these trademark-infringing sneakers for 15 years. "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 company notes. The lawsuit also says that the designs are causing confusion to consumers, as some of the BAPE shoes are commonly referred to as Air Force 1s or Dunks among secondary market sellers.

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