7-Eleven has filed a trademark infringement lawsuit against Nike, alleging the sportswear company copied the convenience retailer’s signature branding for a new Air Max 95 sneaker due to launch on July 11.
In a complaint filed with the US District Court for the Northern District of Texas, 7-Eleven claims Nike’s upcoming sneaker features a color scheme and stripe design that closely resembles its registered orange, green and red tri-color trademark, creating a likelihood of consumer confusion.
The retailer said it has used the distinctive stripe design since at least 1987 across its stores, advertising, uniforms, merchandise and promotional materials, and has invested millions of dollars building recognition around the mark.
According to the complaint, Nike’s decision to release the shoe on July 11, the date of the retailer’s annual ‘7-Eleven Day’ celebration, further strengthens the association, with the company arguing the launch is intended to capitalize on its brand recognition.
7-Eleven also cited online media coverage and social media discussions linking the sneaker to the convenience chain, saying the commentary shows consumers are likely to assume the shoe is an authorized collaboration.
The lawsuit alleges that 7-Eleven repeatedly contacted Nike to resolve the dispute before filing the case, but was unable to reach an agreement.
“7-Eleven has repeatedly contacted Nike to attempt to resolve this dispute with Nike prior to filing this lawsuit,” 7-Eleven said in the filing.
“Despite multiple communications between the parties, Nike has indicated it will continue its advertising and marketing of the infringing footwear (including on its website and on its SNKRS app) and its plan to launch the infringing footwear on 7/11.”
The retailer is seeking a court order blocking Nike from manufacturing, marketing and selling the sneaker, as well as a recall of products already distributed. It is also seeking damages, Nike’s profits from the alleged infringement, and attorneys’ fees.
The lawsuit comes six years after Nike and 7-Eleven announced plans to collaborate on a limited-edition Nike SB Dunk Low inspired by the convenience chain ahead of the Tokyo Olympics.
Nike has not responded to the lawsuit and appears to have removed the product from its official website.
