7-Eleven has filed a trademark infringement lawsuit against Nike Inc (NYSE:NKE, XETRA:NKE), alleging that the design of an upcoming Air Max 95 sneaker improperly incorporates elements of the convenience store chain’s branding.
The complaint, filed in federal court in Dallas, claims the shoe features a color scheme resembling 7-Eleven’s signature red, orange and green stripes.
7-Eleven argues the design could mislead consumers into believing the footwear is affiliated with or endorsed by the company. The filing also points to the timing of the release, which is scheduled for July 11, a date the retailer promotes annually as “7-Eleven Day.”
In its legal filing, 7-Eleven said Nike’s design amounts to a “confusingly similar imitation” of its trade dress and contends the release could create brand association in the minds of consumers. The complaint includes the assertion that Nike acted with “callous and malicious disregard” for 7-Eleven’s trademark rights.
In a statement cited in the filing, 7-Eleven said it acted to protect its brand given the proximity of the launch to its promotional holiday. Nike has not publicly responded to the lawsuit.