Nike, Converse Reach Settlement in Custom Sneaker Suit Against Former Employee - The Fashion Law
Nike has settled one of the recent custom sneaker lawsuits that it initiated against a former footwear design employee and his company. According to a December 10 filing, Plaintiffs Nike and Converse and Defendants Jeffrey Waskowiak and KickRich, LLC have jointly alerted the court that they have entered into a confidential settlement agreement that calls for a final resolution of the trademark infringement and dilution case by way of a dismissal of Mr. Waskowiak as a defendant (without prejudice), and the entry of a consent judgment and permanent injunction that orders that remaining defendant KickRich permanently refrain from making any further unauthorized use of Nike and/or Converse’s trademarks going forward.
Specifically, in the December 10 motion that they filed with the U.S. District Court for the District of Oregon, the parties put froth a proposed judgment that orders that Nike and Nike, Inc.-owned Converse are “the exclusive owners” of an array of “valid and enforceable” trademarks (both registered marks and “related common law rights”), namely, Nike’s Air Jordan 1 trade dress and Dunk trade dress, including the respective outsole designs, and various word marks and logos, as well as Converse’s All Star trade dress and corresponding word and “design” marks. Beyond that, the proposed consent judgment and permanent injunction states that a judgment shall be entered against KickRich for infringing and diluting Nike and Converse’s trademarks, and for using false...
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