Nike takes streetwear brand to court over Dunk shoes
Nike has accused Warren Lotas and his LA streetwear brand of the same name of selling fake versions of Nike Dunk trainers.
In a suit filed last week at the US District Court for the Central District of California, Nike claimed that Lotas’ new line had caused “confusion in the marketplace regarding whether they are legitimate customisations or illegal fakes”.
The suit added that “not a single component of Warren Lotas’s fake sneakers comes from an original Nike Dunk” and that Lotas had intentionally created the confusion.
Nike Dunk trainers were launched more than 30 years ago. The 2005 limited-edition Nike SB Dunk Low NYC Pigeon currently sells for tens-of-thousands of dollars in the secondary sneaker market and, according to Nike, “embodies the DNA of sneaker culture—it is original, authentic, and creative”.
The streetwear brand is allegedly using Nike’s registered ‘Dunk’ word mark and its trade dress on the trainers, in addition to using a mark that is confusingly similar to Nike’s famous Swoosh design.
“Warren Lotas has taken systematic steps in an attempt to falsely associate its infringing products with Nike,” said the suit. “Warren Lotas has attempted to capitalise on Nike’s valuable reputation and customer goodwill by using the asserted marks and/or confusingly similar marks in a manner that is likely to cause consumers and potential customers to believe that Warren Lotas’ infringing products are associated with Nike, when they are not.”
The streetwear brand’s website is now shut down. According to reports, Lotas replied to the suit via posts to his story on Instagram on Friday, October 16.
“As of now, both releases will be fulfilled as promised,” said one of the posts. “We are currently investigating the claims made against us and will do what it takes to remedy the situation amicably. We are in the midst of an historic moment, something that will make these shoes feel like you’re wearing a trophy for small business, rather than the source of controversy.”
Nike is seeking a finding of willful infringement, an injunction, destruction of any infringing material and triple damages.
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