7-Eleven sues Nike over orange and green “7-11” sneaker

The American retailer 7-Eleven is suing Nike for trademark infringement. According to the retail chain, the new “Air Max 95 Big Bubble,” with its bright green and orange colors, copies the convenience stores’ iconic branding.

Launch on “7-Eleven day”

The retailer claims that it has been using the combination of green, orange, and red stripes commercially since 1987 and that this color combination is protected by multiple federal trademark registrations. According to the retailer, the chosen color combination constitutes “a deliberate and intentional attempt to associate its shoes with 7-Eleven.”

As evidence, the company points out that various online retailers are already describing the sneaker as the “7-Eleven” shoe. Media reports, according to the complaint, also directly link the sneaker to the retailer. In these reports, journalists describe the three-color brand identity as “immediately recognizable,” “unmistakable,” “distinctive,” and “iconic.”

According to 7-Eleven, the planned launch date of the sneaker is particularly sensitive: July 11, better known as 7-Eleven Day or Free Slurpee Day, an annual promotional event for the retailer. 7-Eleven is seeking a jury trial and wants to prevent Nike from bringing the sneaker to market through a permanent sales ban. According to the complaint, however, Nike is already selling the shoe in pre-sales.

Previous attempt at settlement

According to 7-Eleven, the company first attempted to resolve the dispute out of court. The retailer says it approached Nike on multiple occasions, but that the sportswear manufacturer indicated it would proceed with the marketing campaign and the planned July 11 launch. 7-Eleven is filing a total of seven charges, including trademark infringement and unfair competition.

In addition to a permanent sales ban, the retailer is demanding that Nike recall and destroy all existing inventory. Furthermore, 7-Eleven is seeking the surrender of profits made, treble damages, additional damages for willful misconduct, and reimbursement of legal costs.