Nike, Inc. (now the proud owner of Converse) recently filed lawsuits in New York against 31 retailers and rival shoe designers for infringing the trade mark for the design of their signature Chuck Taylor All Star shoes. It also brought claims before the International Trade Commission (ITC).
Nike, through Converse, own a trade mark registration for the “distinctive midsole design made up of a toe bumper and a toe cap, plus an upper strike and/or a lower stripe”. Nike claimed that the production of ‘lookalike’ products by the defendants had infringed their rights and also impacted on Converse sales.
The majority of retailers have already elected to settle the matter, but Skechers, Wal-Mart and New Balance decided to battle it out in court.
In November 2015 the ITC ruled favourably for Skechers, finding that its Twinkle Toes and Bobs range did not infringe on Nike’s Chuck Taylor trade mark.
Nike hasn’t been disheartened by its loss against Skechers and is now suing Skechers again for trademark infringement in relation to different Skechers shoe ranges, claiming that these new Sketchers designs are too similar to its Burst, Flex Advantage Athletic and Flex Appeal shoes.
So it’s round 2! Let’s see who will win this time.