By Claudio Simione, Staff Writer
As the legendary Nike turned Air Jordan visionary (and Trafford, PA native!) Sonny Vaccaro once said, “A shoe is just a shoe until somebody steps into it”.[1] However, this adage is not always true when you’re a sneakerhead, which I’ve both been privileged and cursed to have been since the age of five. According to Forbes, a sneakerhead is a person who collects, trades, and/or admires sneakers as a form of hobby”.[2]This hobby, albeit expensive, is mostly a harmless endeavor, though every so often there is a reseller who seeks to take advantage of the buyer.[3] Like most consumer goods, sneakers are a huge business internationally and nationwide, with brands such as Nike amassing close to 15 million dollars worth of footwear revenue in North America alone.[4] The dichotomy between hobby and business and profit margin and passion is one especially distinct in the sneaker world.
Renowned sneaker customizer Dominic Ciambrone, better known as “The Shoe Surgeon[5],” was recently sued by Nike for an astonishing $60 million.[6] The Shoe Surgeon had previously been sued by French luxury goods brand Goyard, which was seeking compensatory damages, and now Nike is doing the same: filing a trademark infringement lawsuit in the Southern District of New York.[7] In this suit, Nike explicitly states that this case is not concerning his original customizations but rather the Surgeon’s attempts to build a sneaker customizing business through the use of Nike trademark rights.[8] Nike states that the Surgeon is building an ‘Illicit Nike Empire,’ focusing on a portion of his business where he teaches customers how to create their own sneaker silhouettes.[9] Nike mentions that they have tried to resolve these intellectual property violations outside of litigation context to no avail.[10]
Nike is seeking legal action to stop the Sneaker Surgeon and fellow customizers from selling what they deem counterfeit shoes and instructions on how to create Nike-like sneakers.[11] In response, the Sneaker Surgeon said “It’s a dream to collaborate with legendary brands. Especially with the brand who tells us to believe in something, who tells us it’s only crazy until we do it … we are confused that Nike has chosen litigation over a discussion”.[12]
Nike has previously worked directly with The Shoe Surgeon, creating custom sneakers for Nike athletes like Lebron James.[13] Nike made clear that it doesn’t have problems with these ‘official’ collaborations, but it’s hoping to crack down on more of the unofficial designs and IP in his work.[14] This is not the first time that Nike has gone after some independent sneaker designers or customizers for their designs. Nike previously went after Warren Lotus,[15] Bape,[16] and even Pittsburgh-based designer John Geiger.[17] Although it is expected that Nike and The Shoe Surgeon will reach a settlement and The Shoe Surgeon will adjust certain portions of his business, the next legal steps will certainly set a copyright precedent for sneakerheads in the future.
[1] Quote from the movie Air, https://www.imdb.com/title/tt16419074/characters/nm0000354.
[2] https://www.forbes.com/sites/mattpowell/2014/05/21/sneakernomics-are-sneakerheads-important/.
[3] https://reshoevn8r.com/blogs/news/the-evolution-of-sneaker-reselling-from-underground-hustle-to-billion-dollar-industry?srsltid=AfmBOop3K3eBrZVYSuvP_zGPizwJJgZjpqgh-juOl3jll-6kW0GPeAcC.
[4] https://www.statista.com/statistics/227152/nikes-footwear-sectors-net-revenue-by-global-market/
[5] https://www.thesurgeon.com/
[6] https://www.sneakerfreaker.com/features/nike-60-million-lawsuit-against-the-shoe-surgeon-explained/
[7] https://robbreport.com/style/footwear/nike-shoe-surgeon-lawsuit-1235775183/.
[8] https://www.sneakerfreaker.com/features/nike-60-million-lawsuit-against-the-shoe-surgeon-explained/
[9] Id.
[10] Id.
[11] https://www.essentiallysports.com/nba-active-basketball-news-shoe-surgeon-lawsuit-all-details-about-lebron-james-custom-kicks-which-sparked-sixty-million-nike-battle/.
[12] https://robbreport.com/style/footwear/nike-shoe-surgeon-lawsuit-1235775183/.
[13] https://www.thesurgeon.com/pages/the-shoe-surgeon-lebron-30k-point-milestone.
[14] https://robbreport.com/style/footwear/nike-shoe-surgeon-lawsuit-1235775183/
[15] https://www.inverse.com/input/style/warren-lotas-nike-have-reached-a-settlement-over-his-illegal-fake-dunks.
[16]https://www.reuters.com/legal/litigation/nike-settles-trademark-case-against-bape-over-shoe-designs-2024-04-29/.
[17] https://hypebeast.com/2022/8/john-geiger-nike-lawsuit-air-force-1.