7-Eleven is suing Nike, claiming the iconic sportswear company copied its color scheme, according to a new federal lawsuit.
The lawsuit, filed in federal court in Dallas, claims that Nike’s upcoming Air Max 95 shoes include a “confusingly similar imitation” of 7-Eleven’s red, orange, and green stripe color branding, which it argues will cause consumers to assume the shoe is sponsored or endorsed by the company, Reuters reports.
It notes that the shoe will be released on July 11, which 7-Eleven celebrates as “7-Eleven Day.” The company treats the day as a holiday and offers promotions and free Slurpee drinks at participating stores.
“Nike has shown a callous and malicious disregard for 7-Eleven’s rights,” the lawsuit claims.
The company said in a statement that “based on the unauthorized 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.”
The “7-Eleven” in the company’s name is not actually a reference to its founding, but rather the fact that it was open from 7 a.m. until 11 p.m., which was uncommon when it began operating under the name in 1946.
7-Eleven says in the filing that it tried to resolve the issue with Nike several times before issuing the lawsuit, but claimed Nike would not budge on its plans.
In Nike’s own marketing, it describes the new sneakers as “the flyest way to get around, even if you’re just strolling down to the corner store for a quick snack,” according to Sneaker News.
While the Air Max 95’s in question are still shown on Nike’s website, clicking on the link gives a 404 error as of this report.
The Independent has requested comment from Nike.
The company claims that Nike intentionally used the colors and the date to market and argues that consumers may incorrectly assume that 7-Eleven sponsored or endorsed the shoe.
“Nike’s infringement is a deliberate and willful effort to associate its footwear with 7-Eleven by copying or imitating the Tri-Color Mark,” the lawsuit says. “Nike’s misleading practices and misappropriation of 7-Eleven’s Tri-Color Mark likely will cause—and indeed already have caused—confusion among the public and likely will deceive consumers as to the Infringing Footwear’s source, sponsorship, endorsement, or affiliation.”
It backed its claim by pointing to media reports claiming the shoe was inspired by 7-Eleven.
The company is seeking a court order to block Nike from selling the shoe, and for it to recall any of the shoes that have already been distributed. It is also seeking monetary damages and Nike’s profits from the sale of the shoes.
