7-Eleven sues Nike over Air Max with Slurpee maker’s colours

WASHINGTON – 7-Eleven has sued Nike in federal court in Texas, accusing the sportswear giant of copying the convenience store chain’s signature orange, green and red stripe design on a sneaker that Nike plans to release on July 11, known as 7-Eleven Day.

In its lawsuit filed on July 1 in the federal court in Dallas, 7-Eleven said Nike’s upcoming Air Max 95 shoe features a “confusingly similar imitation” of the company’s tricolour stripe branding, which it says consumers associate with the 7-Eleven brand.

Irving, Texas-based 7-Eleven said Nike scheduled the shoe’s release for July 11, a date it said is widely associated with the retailer’s annual 7-Eleven Day promotion and Free Slurpee Day at participating stores. Slurpees are frozen, slushy drinks made with flavoured syrup.

“Nike has shown a callous and malicious disregard for 7-Eleven’s rights,” the lawsuit said.

Nike did not immediately respond to a request for comment.

The lawsuit points to media reports describing the shoe as inspired by 7-Eleven. PHOTO: NIKE

In a statement, 7-Eleven said that “based on the unauthorised use of our brand along with the impending launch in a matter of days on our birthday, 7-Eleven Day (7/11), we had to act quickly and decisively to protect our brand”.

7-Eleven said it repeatedly tried to resolve the dispute before filing the lawsuit, but Nike indicated that it would continue advertising the shoe and proceed with the planned July 11 launch, according to the lawsuit.

The retailer said it has used the orange, green and red colour combination for decades in store signage, advertising, merchandise, footwear and other products, and owns many trademark registrations for the design.

In the lawsuit, 7-Eleven alleges Nike intentionally designed the shoe to evoke the retailer and benefit from its brand recognition. Consumers are likely to mistakenly believe the shoe was sponsored or endorsed by 7-Eleven, even though no partnership exists, according to the lawsuit.

The lawsuit points to media reports describing the shoe as inspired by 7-Eleven.

The retailer is seeking a court order blocking Nike’s sales of the shoe, and a recall of products already distributed. 7-Eleven also said it wants monetary damages and Nike’s profits from sales of the footwear. REUTERS