BAPE Respond to Nike Copyright Claims on Shoe Designs

Following Nike's initial legal complaint against BAPE alleging trademark infringement, BAPE have responded seeking to have the case dismissed, after previously inviting Nike to support any "viable or actionable claims" on the subject.

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Filed in Manhattan federal court earlier this year, Nike's complaint alleges a series of trademark infringements, claiming that BAPE’s footwear business “revolves around copying Nike’s iconic designs” and poses a "significant danger" to their rights.

The filing named five BAPE footwear styles - the BAPE STA, BAPE STA Mid, SK8 STA, COURT STA High and COURT STA - as "near verbatim copies" of Nike products including the Air Force 1, Air Jordan 1, and Dunk sneaker designs.

By way of response, a letter submitted to the court by BAPE's lawyers references 2009 meetings between the two brands, during which Nike legal counsel attempted to reach an agreement where BAPE would cease sales of the BAPE-STA shoe.

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BAPE's documented response offered in the court filing sheds light on the outcome of the discussions, rejecting Nike's assertions and inviting them to revisit the topic with further evidence supporting "any viable or actionable claims against Nowhere/Bape":

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"(...) in the interest of mutual cooperation, we would be more than amenable to reconsider our position, provided that you expressly spell out for us what claims Nike believes that it could advance against Nowhere/Bape. Once we receive this information, we will be able to more fully consider your offer of a license."

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This stance does not seem to have changed in the years since, with BAPE's legal response to the suit challenging Nike to precisely “spell out the elements of its trade dress" which have been infringed upon or "have its complaint dismissed”.

The response raises questions over Nike's confidence in being able to support their infringement claims in court, especially after it transpires that their legal counsel allegedly reached out to initiate further discussions on the subject in 2012 then apparently did not follow up, according to BAPE's legal response.

In satisfaction of the suit, Nike ultimately seeks to halt BAPE‘s production, marketing and sales of the allegedly infringing footwear, in addition to compensatory damages and three times the amount of increased profit they feel BAPE has gained by plagiarising Nike’s name and products. 

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The pressure is now on for Nike who wait to see if their infringement claims will be borne out in court, with any judgement being carefully watched by designers and the sneaker world at large.

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As of now, Nike plans to oppose the motion for dismissal.