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19 July 2019CopyrightSaman Javed

Nike files counterclaim against Kawhi Leonard over ‘klaw’ logo

Nike has filed a counterclaim against Kawhi Leonard after the American basketball player said the brand had defrauded the US Copyright Office and made false claims about the authorship of a logo.

In a filing on Wednesday July 17 at the US District Court for the Southern District of California, Nike submitted counterclaims of copyright infringement, defrauding the Copyright Office, and breach of contract. It also asked the court for a declaration that it is the owner of the logo in dispute.

As reported by WIPR, in June, Leonard filed a complaint against Nike, stating that the brand had been granted copyright registration for a logo he created, without his consent.

Leonard, who currently plays for the Los Angeles Clippers of the National Basketball Association, said he first designed his logo, which “included elements that were meaningful and unique to him”, in 2011.

The logo, known as ‘the klaw’, was designed around Leonard’s hands, which had become well known for their large size.

“Leonard traced his notably large hand, and, inside the hand, drew stylized versions of his initials ‘KL’ and the number he had worn for much of his career, ‘2’’,” the complaint said.

Several years later, in 2014, Leonard granted Nike permission to use the logo on its merchandise during a brand endorsement agreement between the player and Nike.

In his original complaint, Leonard said he retained all rights to the logo and continued to use the logo on non-Nike goods.

Leonard said Nike was aware of this. In evidence filed alongside the complaint, email communication between the brand and the basketball player shows the brand referring to the logo as “Kawhi’s logo”.

Additionally, Leonard asked the court to strip Nike of its registration, stating that he intends to use the logo on clothing lines, footwear and other products not associated with Nike.

In its counterclaim, Nike said Leonard’s “unauthorised” use of the logo on non-Nike apparel which he wears publicly constitutes a copyright infringement and commercially exploits Nike’s IP.

Additionally, it said Leonard had made false statements to the Copyright Office in applying for registration of the exact same logo “that Leonard knows he did not author and does not own”.

According to Nike, it notified the basketball player that his use of the logo on non-Nike products was in violation of his contract with the brand.

Nike said Leonard’s complaint must be dismissed because it is the “exclusive owner of the claw design” and that in his contract with Nike, Leonard “expressly acknowledged” that Nike owns all IP in relation to the design.

Nike alleged that Leonard is seeking to “re-write history” by asserting that he created the claw design logo, and that the logo was created by a team of Nike designers.

It said Leonard had admitted this in a previous interview in which he said: “I drew up the rough draft, sent it over and they (Nike designers) made it perfect … I give the [Nike design] team all the credit because I’m no artist at all … They refined it and made it look better than I thought it would ever be, and I’m extremely happy with the final version.”

According to Nike, Leonard provided its designers with a rough sketch of a design, which was reworked by Nike.

Nike alleged that in his complaint, Leonard makes it appear as though the rough draft and Nike’s alleged recreation are “one and the same” even though they are “plainly distinct works”.

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