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Ike settled the trademark infringement lawsuit against BAPE, also known as A Bathing Ape. According to a petition filed in the Southern District Court in New York, Nike and BAPE have entered into a settlement agreement that would end their dispute, which centered on BAPE’s alleged imitation of Nike’s iconic designs, such as the Air Force 1 and Air Jordan. The filing noted that the two parties ended the dispute with a “specified dismissal,” with BAPE “agreeing to discontinue the BAPE STA Mid, COURT STA and COURT STA High footwear products, and further agreeing to change the design of the BAPE STA and SK8 STA footwear products”.
Why did Nike sue BAPE?
Quick backstory. In January 2023, Nike filed a trademark infringement suit against BAPE, accusing the brand of “copying iconic Nike shoe designs” and that some of its shoes are “near verbatim” copies of Nike’s Air Force 1, Air Jordan 1 and Dunk sneakers. . Protected by the Lanham Act, which prohibits a number of activities including trademark infringement, trademark dilution and false advertising, Nike sought to protect the design of its products, all of which are inextricably linked to the brand’s history and image. Hence the lawsuit.
According to the lawsuit, BAPE did not begin selling infringing sneakers in the United States until the mid-2000s. However, Nike did not feel the need to file a lawsuit at the time. This was because BAPE struggled to gain popularity in the US shoe market. And over the past fifteen years, BAPE has “dramatically increased the volume and scope of its infringement.” The lawsuit further states: “BAPE’s copying is and has always been unacceptable to Nike, and because BAPE’s infringements have recently grown into a significant threat to Nike’s rights, Nike must take action now.” Nike’s lawsuit comes as no surprise to sneakerheads. In fact, they have anticipated it because the BAPE brand has repeatedly issued infringement notices. The first is said to have occurred in 2009, when the footwear giant met with BAPE to “address BAPE’s piracy of Nike’s iconic Air Force 1 design and to protect Nike’s intellectual property rights.” BAPE got the memo and apparently stopped selling the sneakers. This back and forth continued until the recent development of their agreement, which prevents BAPE from selling Nike’s shoe silhouettes that resemble its products.
Featured image: @nike/Instagram
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