7-Eleven drops trademark lawsuit against Nike
The retailer moved to dismiss with prejudice its case over Air Max 95 shoes featuring its orange, green and red stripes, meaning the claims cannot be refiled.
7-Eleven has asked a federal court in Dallas to dismiss its trademark lawsuit against Nike over Air Max 95 sneakers featuring the convenience retailer’s signature orange, green and red stripes. The motion, as reported by Reuters, seeks dismissal with prejudice, meaning the case cannot be brought again.
7-Eleven filed the lawsuit in July in the US District Court for the Northern District of Texas. It alleged trademark infringement and dilution under the federal Lanham Act and Texas law. The case targeted Nike’s Air Max 95 Big Bubble in a “Sport green and safety orange” colorway, scheduled for release on July 11, the date the chain celebrates as 7-Eleven Day.
The retailer argued that the shoes used “a confusingly similar imitation” of its “tri-color mark”, which it says it has used for nearly 60 years, including on footwear. It also claimed that the release date showed that “Nike’s infringement is a deliberate and willful effort to associate its footwear with 7-Eleven”.
7-Eleven sought an injunction blocking sales, along with damages, any profits Nike made from the shoes and legal fees.
