- with Inhouse Counsel
Nike is reportedly attempting to revive its classic “Total 90” soccer cleat line, but has encountered an unexpected setback.
Although Nike originally launched the “Total 90” line in 2000, and once held a corresponding trademark registration, it allowed that registration to lapse in 2019. Total90, LLC now claims that lapse amounted to abandonment, opening the door for it to adopt and register the TOTAL90 trademark. Total90, LLC initially used the name for a fantasy sports app, before expanding into apparel and footwear. After discussions about a possible collaboration broke down, an approach Nike characterized as extortionate, Total 90, LLC filed a lawsuit against Nike, seeking damages for trademark infringement.
Nike secured an early procedural win when Total90, LLC’s request for a temporary restraining order that would have barred Nike from using the “Total 90” name was denied. The judge found insufficient evidence of consumer confusion and highlighted that trademark rights flow from use, not registration alone. Total90, LLC failed to show that Nike had ceased use of the trademark or intended to abandon it.
The dispute underscores the risks inherent in reviving dormant brands. Abandonment can render even storied trademarks vulnerable to third-party registration. At the same time, well-known brands can retain consumer recognition long after they fall out of use, creating tension between marketplace realities and formal trademark rights. Trademark maintenance is more than a mere administrative exercise, but a strategic tool to preserve future brand value.
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