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29 July 2016Patents

Nike sues Danish sports brand over shoe and t-shirt designs

Nike has sued sportswear company Hummel Sport in a patent infringement complaint that accuses the Danish company of infringing claims related to shoe and clothes designs.

In a lawsuit filed yesterday, July 28, Nike claimed Hummel’s products, including football boots, running trousers and t-shirts, infringe two of its patents.

According to Nike, Hummel’s Rapid X-Blade LTD Edition football boot, and specifically the design of the sole, infringes claims of its US patent number 8,356,428.

The patent, called “Article of footwear with flexible reinforcing plate”, is directed to a sole structure that includes a “flexible reinforcing plate that accommodates flexing of various features of a foot”.

The second asserted patent is US number 8,133,824, called “Fabrics and articles of apparel including dimensionalised mesh and other fabrics”. That patent is directed to clothes that include a 3D structure and which claim to promote better evaporative cooling of the body or heat retention.

Some of the allegedly infringing products Nike has targeted are part of the Hummel Hero Baselayer range.  The range includes specially designed fabric to ensure “effective moisture management, quick drying, and comfort”, and “ventilation and insulation zones”, according to the complaint.

“Hummel, without authority, has directly infringed and continues to directly infringe, under 35 USC … by making, importing, selling, offering for sale and/or using within the US the infringing products,” Nike said in its complaint.

Nike is seeking attorneys’ fees, damages and a trial by jury.

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