The legal back-and-forth between Nike and Kool Kiy continues, as the sportswear giant has issued a response to the designer’s counterclaim.
In a court filing Monday, Nike’s lawyers said: “Kiy is not a cutting-edge design house. There is nothing creative or ‘cutting edge’ about stealing Nike’s designs and replacing the Swoosh with Kiy’s logo. Rather, Kiy is a serial copyist who has profited from its intentional theft of some of Nike’s most iconic silhouettes.”
Nike’s response comes amid its trademark infringement case against Kiy, which was filed late last year. The designer has been accused of ripping off designs including the Air Jordan 1 and Dunk Low. A quick glance confirms the resemblance of the sneakers, which differ primarily in color schemes and a lightning bolt replacing the Swoosh, but Kiy filed a counterclaim in February which he argues his designs and release strategies are enough so as to not confuse consumers. Unlike Nike’s shoes, Kiy claims his sneakers are “more a form of commercial art than shoes to be used for basketball and other sports.”
The legal battle with Kiy is similar to that of Nike’s against Warren Lotas, which concluded with an out-of-court settlement in which the independent designer agreed not to tread closely to Nike’s designs again. Nike has beefed up its efforts to protect its intellectual property in recent years, also including lawsuits for lookalikes against BAPE, John Geiger, and more.
Nike is seeking the court to order payment of three times the amount of compensatory damages and profits, as well as statutory damages and for Kiy to be blocked from producing or advertising any offending products. The company’s most recent filing also calls for Kiy’s counterclaim to be dismissed entirely for failing “to state facts sufficient to constitute a claim.” Download the DROPS by SoleSavy app for updates on this story and more.
