Really quick: Nike has two lawsuits in the works. One against Lululemon for patent infringement and another against A Bathing Ape (Bape) for trademark infringement. The issues are, respectively, similarities to their Flyknit technology and design profiles. Is the issue just that these things are too similar? Possibly.
In this case, I am not sue if there is a so much a reasonable case as it is a desire to send a message. Both lululemon and Bape are doing better in the American market than may have been anticipated. Is the technology in the Lululemon should actually that close to the flyknit technology? Does a pair of Bapes look an awful lot like a pair of Nikes? I don’t know, and maybe it doesn’t really matter.
As of right now from my vantage point, it feels like lawsuits are being used as a way to limit competition. The issue here seems to be more that the companies seem like a reasonable threat now. Lululemon’s first shoe releases were unexpectedly successful and highly reviewed. Bape is starting to get a strong following in the American market. Is there a true violation of intellectual property. Or are these cases just a form of marketing strategy?
These suits, and those I’ve covered previously, are making me want to look more into this. I imagine there has to be more to it than I am and noticing, but I need to look deeper to discover it.
Sources used:
Adegeest, D. (January 31, 2023). Nike sues Lululemon over alleged patent infringements. Fashion United. https://fashionunited.com/news/business/nike-sues-lululemon-over-alleged-patent-infringements/2023020152010
Ilchi, L. (January 26, 2023). Nike Sues Bape for Trademark Infringement. WWD. https://wwd.com/business-news/legal/nike-sues-bape-trademark-infringement-1235500473/
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