The sportswear giant continues to defend its designs by suing the Japanese brand in federal court for counterfeiting its Air Force 1, Nike Dunk Low, and Air Jordan 1 High.
On Thursday, January 26, 2023, the Oregon-based sportswear giant filed a lawsuit in Manhattan federal court for copyright infringement of several of its iconic models.
While many have wondered for years why Nike had not taken legal action against the Japanese brand, it is now done. A Bathing Ape must answer for using a design closely resembling models from the Swoosh brand, notably the BAPE STA, particularly similar to the Air Force 1, the SK8 STA, strongly reminiscent of the Dunk Low, and the COURT STA High, a derivative of the Air Jordan 1 High.
To compare the designs, here is the chart presented in federal court:
The most beloved bootleg in sneaker culture, under threat
"Nike has spent decades building up its rights and goodwill in these designs. To protect its hard-earned rights, Nike has a legal obligation to stop copyists when their infringements pose a significant threat to Nike's rights."
The official debut of the BAPE STA took place in 2000, when Nigo, founder of A Bathing Ape, sought to revitalize the sneaker market in his own way. As an emerging and pioneering Japanese luxury brand, it quickly carved out a place for itself with a colorful silhouette openly inspired by the AF1.
Photo Credits: BAPE STA presented in federal court
However, BAPE sales in the United States were minimal, and Nike had previously warned the Japanese label. As a result, the Bape Sta underwent a redesign in 2016 to look less like the Air Force 1. An initiative that is clearly no longer relevant, as the 2022 version closely mirrors the model designed by Bruce Kilgore.
According to the terms of the lawsuit, counterfeiting is and has always been unacceptable to Nike. But it is primarily because BAPE's infringements have recently expanded that they have become a threat to the company's rights. This is why the Swoosh brand must take action.
Nike goes on the offensive
Starting in 2021, BAPE "significantly increased the volume and scope of its infringement." The rise of Bape and the popularity of its models, particularly the BAPE STA and SK8 STA, pushed Nike to reconsider its position.
Furthermore, BAPE began rapidly expanding its physical presence in the United States, opening new stores in New York, Los Angeles, and Miami. In this regard, as the brand continues to intensify its counterfeiting activities, "Nike is therefore compelled to bring this legal action to prevent unauthorized use."
Photo Credits: Bape.com
When Nike warned the Japanese brand to cease its activities, it refused to do so. As a result, the Swoosh brand is compelled to bring this legal action to prevent BAPE's unauthorized use of its protected designs.
Today, the message is clear: zero tolerance. To compensate for losses incurred from the counterfeiting of its models, Nike is demanding that BAPE pull its models from sale and pay compensatory damages.