Nike first sued Bape last year in a New York federal court.
sued the Japanese streetwear company Bape for allegedly copying some of its sneaker designs, such as iterations of the Air Force 1, Air Jordan and Dunk.in 1993 by Tomoaki Nagao, who is more commonly known as Nigo. The brand expanded into the U.S. about 10 years later.
Trade dress can be protected only if the owner can show the average consumer would be confused as to the origin of a product if another product appears in the same or similar packaging. While trade dress law protects the overall look and feel of a product or its packaging, trademark law protects logos, words, symbols, tag lines or names affiliated with a product or service.
Scafidi described Monday’s court order allowing Nike to proceed with its lawsuit against Bape as “a slam dunk not only for Nike, but for any brand whose designs are so recognizable that they can be registered as trademarks, even without their associated logos.” Allegations of Bape copying Nike’s Air Force 1 sneakers surfaced in 2009, but the company did not take any legal action until January of last year. Nike contacted and met with Bape at that time to address what it described as “Bape’s pirating of Nike’s iconic Air Force 1 design and to protect Nike’s intellectual property rights.” In March of last year, Bape filed a motion to dismiss the lawsuit in Manhattan federal court.
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