The complaint was filed in a U.S. district court in Oregon. Nike said in its 14-page lawsuit, which also included a 168-page document of detailed exhibits, that the infringing designs include “Skechers’ Burst, Women’s Flex Appeal, Men’s Flex Advantage, Girl’s Skech Appeal and Boy’s Flex Advantage shoes, as well as Skechers’ shoes bearing the same or substantially similar infringing designs, regardless of model name.”
This is the second lawsuit the Eugene, Ore.-based Nike has brought against Skechers. In 2014, Nike-owned Converse said its Chuck Taylor design was infringed upon, but an administrative trade judge ruled last year that it did not.
In the current case, Nike said “on information and belief, an ordinary observer will perceive the overall appearance of the designs of the Nike Patents and the corresponding designs of Skechers’ infringing shoes to be substantially the same.” The lawsuit also includes consumer publication reviews that noted design similarities.
Within the exhibit of supporting documents, Nike included Skechers’ annual report from 2014, which outlined the brand’s growth.
Net sales for 2014 were $2.378 billion, which was an increase of $531.2 million, or 28.8 percent, compared to net sales of $1.846 billion for 2013. Skechers attributes this significant sales increase to “higher sales in our domestic wholesale segment, international wholesale segment and our retail segment primarily due to the introduction of new styles and lines of footwear.”
Adidas also sued Skechers last year for the brand’s Onix design, which the German activewear company alleged mimics the Adidas Originals Stan Smith sneaker.
Skechers has been on the other side of the fence. In July it sued Steven Madden Ltd. for allegedly infringing on numerous Skechers Go Walk designs with the Setta style in the Steven by Steve Madden collection.
Nike’s lawsuit against Skechers was filed on Jan. 4. No court date has been set. Skechers declined to comment.