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Nike takes on Chinese footwear brand OneMix

Post Time:2019-02-28 Source:WIPR Author: Views:


Sports brand Nike has accused a Chinese footwear brand of infringing numerous design patents and trademarks in a bid to create associations with Nike. 

“Instead of competing fairly by offering its own footwear designs, OneMix promotes and sells footwear with designs that are virtually identical to Nike’s patented designs,” said Nike in a claim filed yesterday, February 26.

In the suit, filed at the US District Court for the Northern District of Illinois, Nike alleged that the Chinese brand has also used the Nike trademarks, which include ‘Air Max’ and ‘Flyknit’, to promote its footwear.

“OneMix intentionally uses infringing marks in connection with the infringing shoes to create associations with Nike,” said Nike.

Within the suit, Nike cited reviews of OneMix’s trainer by industry commentators and consumers to bolster its claim.

Back in April 2016, trainer blog KicksOnFire.com reviewed OneMix footwear and a related promotional video in a post titled “Wait, What? Get Ready For The Onemix Flyknit Air Max”.

In the post, KicksOnFire.com describes OneMix’s footwear as a copy of Nike’s Flyknit Air Max: “It’s the stuff that dreams–and lawsuits–are made of, really. If a pair of Nike Air Max Flyknits with a slightly different logo weren’t staring right back at me, I might actually be impressed by the production value put behind the making of the video.”

Nike has accused OneMix of infringing five US design patents called “Shoe outsole”, three design patents called “Shoe midsole” and five called “shoe upper”.

The sports brand also claimed that OneMix has infringed US trademarks ‘Air Max’, ‘Flywire’ and ‘Flyknit’.

“Nike therefore brings this lawsuit to defend its investments in innovation and design and to protect its valuable IP rights,” added the suit.

Along with requesting a permanent injunction against OneMix and a finding of wilful infringement, Nike is seeking profits, actual damages, enhanced profits and damages, costs, and reasonable attorneys’ fees.