Global athletic footwear brand, Nike Inc and the sneaker customisation brand, The Shoe Surgeon have finally reached a settlement after a year over trademark infringement and unfair misleading customisation of the leading footwear brand’s shoes.
Nike sued The Shoe Surgeon in July 2024 and claimed the shoe customiser attempted “to build an entire multifaceted retail empire” using Nike’s trademark rights by creating and selling counterfeit Nike shoes, and selling classes that teach consumers how to make their own fake Nike shoes.
The agreement between the two brands was confidential and while Nike demanded a US $ 60 million in the lawsuit filed in 2024, the actual amount and settlement terms remain undisclosed. However, the court documents do mention Nike as the sole owner of some specific registered trademarks and trademark applications. The document, which will require the signature of the Manhattan federal district judge, also includes related law rights, all of which have been acknowledged by The Shoe Surgeon.
In addition, the court also requires the customisation brand to accept that they have incorporated materials, which Nike had not produced or authorised. Further, as per the court’s document, The Shoe Surgeon also has to acknowledge that their customisation was not approved by Nike.
This court case not only reinforces a future boundary on sneaker customisation but also prohibits Shoe Surgeon from performing customisations that can potentially be misleading and create confusion with Nike’s products and trademarks. The Shoe Surgeon had earlier done luxury reconstructions of some Nike’s popular shoes like Air Jordan 1, which had come into the light. The injunction further bars Shoe Surgeon from conducting deconstruction or reconstruction workshops, which involve the footwear giant’s trademark.
