7-Eleven has sued Nike over claims the sportswear giant copied the convenience retailer’s signature colour scheme for an upcoming Air Max 95 release.
The retailer filed a lawsuit in federal court in Texas, accusing Nike of using a “confusingly similar” version of its orange, green and red stripe branding on a new trainer due to launch on July 11.
The date is widely associated with 7-Eleven’s annual 7-Eleven Day promotion, when participating stores offer free Slurpee drinks to customers.
7-Eleven claims the Nike shoe could lead shoppers to believe the trainer was sponsored, endorsed or approved by the retailer, despite no partnership between the businesses.
The convenience chain said it had used the orange, green and red colour combination for decades across store signage, advertising, merchandise and other products, and owns trademark registrations linked to the design.
In a statement, 7-Eleven said it had acted “quickly and decisively” to protect its brand because of the alleged unauthorised use and the planned launch date.
The lawsuit also claims 7-Eleven tried to resolve the dispute before taking legal action, but Nike indicated it would continue promoting the shoe and proceed with the release.
7-Eleven is seeking a court order blocking Nike from selling the trainer, as well as a recall of products already distributed.
It is also seeking monetary damages and Nike’s profits from sales of the footwear.
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