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7-Eleven has filed a trade mark infringement lawsuit against Nike, alleging that the colour scheme and overall look of a new Air Max 95 sneaker closely resemble 7-Eleven's well-known orange, green and red branding. The retailer argues that consumers may mistakenly believe the shoe is an official collaboration or has been approved by 7-Eleven, even though no such partnership exists. I include some images below to provide a side-by-side comparison of the shoe and 7-Eleven's colour scheme.
*Image credit
According to the lawsuit, Nike's planned release date of 11 July (the same day as 7-Eleven's annual promotional celebrations) further strengthens the impression of a connection between the two brands. 7-Eleven claims that some consumers and media outlets have already referred to the sneaker as a "7-Eleven" shoe, which it says demonstrates actual confusion in the marketplace.
7-Eleven is asking the court to stop Nike from selling or advertising the sneakers, to recall and destroy existing stock, and to pay damages. This is a very interesting case that serves as a reminder that trade marks don't just protect names, logos and slogans, but can also include distinctive colours, branding and the overall appearance of a product where they have become closely associated with a particular brand.
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