Nike, Inc (Nike) recently filed a civil action in the US against Dominic Ciambrone AKA 'The Shoe Surgeon' seeking an injunction and statutory damages of over $60 million. Nike's preliminary statement clarifies that this case not only concerns the large-scale infringement of Nike's intellectual property rights but also seeks to stop The Shoe Surgeon's attempts to build an entire multifaceted retail empire through the unauthorised use of Nike's trade mark rights and goodwill.
If you haven't come across The Shoe Surgeon before, he is famed for his creative modifications of branded shoes, including Nike's, and his academy that teaches others how to modify shoes. The Shoe Surgeon's services are not cheap with prices starting at $5,000 for the re-crafting of a "bespoke handmade pair of shoes".
Nike claims that The Shoe Surgeon's unauthorised modification of its shoes is causing confusion in the marketplace, leading consumers to believe that The Shoe Surgeon and Nike are affiliated or have otherwise authorised his conduct. Nike is further claiming that this confusion harms the Nike brand.
Whilst the customised trainer market is not novel, it appears to be growing at a significant rate. For well-known brands such as Nike, this can result in the concerning loss of ability to control brand messaging and the increased likelihood of its carefully curated image being undermined.
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