Nike’s Sneaker Trademark Suit Against Bape Risks Promoting Little-Known Brand

If sneaker enthusiasts hadn’t heard of Bape, they have now.

The little-known footwear brand has been sued by industry giant Nike, which alleges that Bape (short for A Bathing Ape) copied its designs, Reuters reported Wednesday (Jan. 25).

The lawsuit, which was filed in a Manhattan federal court, said Bape’s business model “revolves around copying Nike’s iconic designs,” according to the report.

Bape and Nike did not immediately reply to PYMNTS’ request for comment.

Bape’s sales United States began in the 2000s but surged in 2021 when it began the alleged copying of Nike designs, according to the report.

The lawsuit said Bape refused Nike’s request to stop selling the products and causes confusion among potential Nike customers, the report said.

“Nike has spent decades building its rights and goodwill in these designs,” the firm wrote in the lawsuit. “To protect its hard-earned rights, Nike has a legal obligation to stop copyists when their infringements pose a significant danger to Nike’s rights.”

This legal action is the latest in a series of lawsuits and other actions taken by Nike.

In October 2022, the firm updated its terms of sale as part of its ongoing efforts to stop sneaker resellers. With the new rules, Nike said it could reject sales, decline refunds or suspend the accounts of buyers it says are purchasing products just to resell them.

About five months earlier, in May, Nike expanded its legal action against sneaker marketplace StockX by alleging that the latter sold counterfeit shoes. Nike asked a judge to add claims of counterfeiting and false advertising to its existing lawsuit about trademark infringement, which involved StockX’s non-fungible tokens (NFTs).

During the previous year, Nike sued 589 websites, the owners of 679 social media accounts and 100 unidentified companies and individuals for allegedly selling counterfeit versions of its shoes.

Nike wrote in the lawsuit that its trademarks “are among the most widely recognized trademarks in the United States and around the world, as well as among the most popular with consumers.”

As PYMNTS reported in November, the growing threat of counterfeits across industries has driven demand for brand authenticators.

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