Nike Inc vs. Lotas et al

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Warren Lotas sued by Nike for “promoting and selling fakes of coveted Nike Dunks.”

“Warren Lotas’s ‘Dunk’ sneakers are not legitimate customizations, they are illegal fakes.”

“Arnold & Porter filed a trademark lawsuit Wednesday in California Central District Court on behalf of Nike. The suit pursues claims against Warren Lotas and Warren Lotas LLC, over the alleged production, and sale of fake Nike Dunk sneakers. Counsel has not yet appeared for the defendants. The case is 2:20-cv-09431, Nike Inc. v. Lotas et al.”

California Central District Court
Oct 14, 2020

On September 27, 2020, Warren Lotas announced through his Instagram page that he was taking pre-orders for his Warren Lotas X Staple Pigeon OG.

Nike collaborator Jeff Staple. The original designer and owner of the Pigeon Dunks and pigeon graphic is not named in the suit. despite having worked on the “reinterpretation” with Warren Lotas.

Nike, in its court claim, states that the brand “protects its iconic sneaker designs, and its intellectual property in those designs, by rooting-out bad actors that undermine the DNA of sneaker culture by promoting and selling fakes.”

They make clear in no uncertain terms that Warren Lotas is “one of those bad actors. Promoting and selling fakes of coveted Nike Dunks.” Nike also points to the fact that the sneaker community has been unable to categorize and properly define what Warren Lotas has created – whether they are “legitimate customs or illegal fakes”. They further claim that this confusion is deliberate and is a marketing ploy – by Warren Lotas.

According to The Fashion Law, a “likelihood of confusion among consumers as to the source of a product is important, as it is the critical element in a trademark infringement claim” – one which this claim entails.

Nike is now demanding that the Lotas products are not to be delivered to consumers, as they were sold on a preorder basis, and not recreate a similar product in the future according to the claim. Nike is also demanding all stock be sent to Nike Inc, rather than consumers, in order to be destroyed.

Information and graphics for this article came from Legal Radar, The Fashion Law, Nike vs. Lotas courtesy of The Fashion Law, and Input Mag.

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