7-Eleven Inc. has voluntarily dismissed its lawsuit against Nike, according to a motion filed on Monday with the U.S. District Court for the Northern District of Texas, Dallas Division.
The retailer voluntarily dismissed the case with prejudice, meaning it cannot be filed again. Both companies will bear their own costs and attorney’s fees.
Neither company could immediately be reached for comment.
7-Eleven sued the athletic apparel company in July for trademark infringement and dilution, as well as for violations of the Lanham Act — the primary federal trademark statute in the U.S. — and Texas law.
The suit centered on a shoe that used orange, green and red stripes that 7-Eleven said imitated its brand colors. The retailer said the shoes’ targeted July 11 release date, which coincided with 7-Eleven Day, showed that “Nike’s infringement is a deliberate and willful effort to associate its footwear with 7-Eleven,” according to the initial filing.
The lawsuit came around two years after 7-Eleven reached a settlement in an infringement suit against Seven Eleven Law Group over the law firm’s name and the green-and-white color scheme on its website and business cards.
