Dive Brief:
- 7-Eleven Inc. has sued Nike over shoes the athletic brand developed that the convenience retailer says imitate its distinctive orange, green and red stripes, according to documents filed with the District Court for the Northern District of Texas, Dallas Division.
- 7-Eleven said the shoes’ initial July 11 release date, which coincides with 7-Eleven Day, also shows that “Nike’s infringement is a deliberate and willful effort to associate its footwear with 7-Eleven,” according to the filing.
- The suit accuses Nike of trademark infringement and dilution, as well as violations of the Lanham Act — the primary federal trademark statute in the U.S. — and Texas law.
Dive Insight:
7-Eleven said in its lawsuit that it’s been using the orange, green and red stripes — which it referred to as its tri-color mark — in combination in its marks for nearly 60 years and has employed the design on various pieces of merchandise, including socks, shirts, jackets and, notably, footwear. 7-Eleven has even partnered with shoemakers, like when the company worked with Crocs in 2022.
Several of 7-Eleven’s active trademarks use the color scheme and the tri-color mark, according to a search of the U.S. Patent and Trademark Office’s database. The lawsuit alleges that the Nike sneakers in question use “a confusingly similar imitation” of 7-Eleven’s tri-color mark, and that the shoes could dilute the distinctiveness of 7-Eleven’s marks.
7-Eleven is requesting an injunction against Nike to prevent the apparel company from marketing, distributing or selling shoes “using or bearing confusingly similar imitations of the Tri-Color Mark or 7-Eleven’s federal registrations incorporating the Tri-Color Mark.” It’s also asking for Nike to pay monetary damages, exemplary damages and attorneys fees and costs, as well as any profits it already made from the shoes. The retailer did not specify dollar amounts.
Nike did not respond by press time to a request for comment on the allegations.
The lawsuit comes nearly two years after 7-Eleven reached a settlement in an infringement suit against law firm Seven Eleven Law Group. 7-Eleven had accused the law group of using 7-Eleven’s name and its green-and-white color scheme on its website and business cards.
