7-Eleven has sued Nike in federal court in New York, alleging that the sneaker giant lifted the convenience store chain's trademark orange, green and red stripe design for a new shoe set to hit shelves on July 11, a date that doubles as "7-Eleven Day," when the chain traditionally gives away free Slurpees.
According to the lawsuit, the convenience store chain has used its core design mark for nearly six decades and has specifically relied on the tricolor stripe pattern since 1987. The company describes the look as iconic and instantly identifiable to consumers both domestically and internationally.
7-Eleven claims its use of the color scheme extends well beyond its storefronts and packaging; the chain also sells its own branded apparel, footwear, and accessories bearing the same striped design, which it argues strengthens its trademark claims against a shoe company entering similar territory.
The complaint, filed this past Wednesday, alleges that Nike developed and intends to release a sneaker featuring what 7-Eleven calls a "confusingly similar imitation" of its tricolor mark, doing so without seeking any authorization from the retailer. 7-Eleven contends this was not an innocent design overlap but a calculated move intended to link Nike's product to the convenience store brand in consumers' minds. The suit contends that this kind of association has already begun causing public confusion and is likely to mislead shoppers about whether the shoe is somehow connected to, sponsored by, or endorsed by 7-Eleven.
At the core of the lawsuit are 7-Eleven’s claims of trademark infringement, trademark dilution, and unfair competition. The company is asking the court to permanently bar Nike from manufacturing, marketing, or selling any footwear that uses a design confusingly similar to its tricolor mark.
Beyond injunctive relief, the convenience store chain is also seeking monetary damages in an amount to be determined, along with an order forcing Nike to hand over any profits earned from sales of the shoe in question. In its filing, 7-Eleven asserts that Nike's conduct causes irreparable harm to a brand identity the company has spent decades building and protecting.
This is not the first time Nike has found itself tangled in trademark litigation. Late last month, a federal judge in Louisiana declined to side with a company that holds a registered trademark on the phrase "Total 90," rejecting its bid to stop Nike from using the term after concluding the company had not proven Nike abandoned the mark.
Separately, earlier this year the U.S. Patent and Trademark Office rejected Nike's own attempt to trademark a logo tied to Bronny James, the Los Angeles Lakers guard and son of NBA star LeBron James, though the agency left the door open for Nike to contest that refusal.
As of publication, neither 7-Eleven nor Nike has issued a statement on the new lawsuit.