Dive Brief:
- Nike has launched legal complaints against Skechers and New Balance over alleged patent infringement, according to court documents filed Monday.
- Nike argues that New Balance and Skechers copied and made unauthorized use of its Flyknit upper technology, which according to Nike’s legal complaints is designed for “performance, design, and aesthetics — all while reducing materials and waste.”
- The complaints mark another instance of Nike defending its Flyknit design in the courts. It has launched similar complaints against Puma, Adidas and Lululemon. The Lululemon dispute is ongoing.
Dive Insight:
Patent disputes between Nike and Skechers aren’t new. Nike has taken legal action against Skechers over patents four times before. In some of these cases, both parties mutually dismissed the case.
Some of the Skechers shoes Nike takes issue with include Skechers’ slip-in design. Skechers has separately been involved in its own patent battles over the slip-ins, including with non-slip shoemaker Laforst Shoes and Dockers.
In the New Balance complaint, Nike said it sent a letter to New Balance in January about its infringement claims, and followed up with another letter in March, and another in September, per the documents. Attorneys for Nike argue that New Balance continues to make, use and sell the patented tech, and has additionally introduced new footwear styles incorporating the tech.
“New Balance fully respects competitors’ intellectual property rights, but Nike does not own the exclusive right to design and produce footwear by traditional manufacturing methods that have been used in the industry for decades,” a spokesperson for New Balance said in an email to Fashion Dive. “We will vigorously defend ourselves against Nike’s attempts to enforce its patents beyond their lawful scope.”
The complaint against New Balance was filed in the United States District Court for the District of Massachusetts, where New Balance is headquartered. The Skechers complaint was filed in the United States District Court for the Central District of California, where Skechers is headquartered.
Representatives for Nike and Skechers didn’t immediately respond to Fashion Dive’s request for comment.
