Nike Vs. Wal-Mart: Case Study

334 Words1 Page

For this research paper, we were tasked with an assignment to review the case involving Nike's patent suit against Wal-Mart. My objective is to identify if Nike has a good claim and determine what Wal-Mart's defense should be. In a complaint filed in U.S. District Court of Northern Illinois, Nike claims that Wal-Mart "knowingly and intentionally" sold shoes that violated two of their patents (Renfroe).
Body. Essentially, Nike filed a complaint that Wal-Mart sold shoes in its stores that too closely resemble its Nike Shox footwear. Those shoes have a springlike device in the heel. Nike wants the Wal-Mart to cease selling the shoes and is seeking damages. As evidenced in the complaint that includes photos of the Wal-Mart shoe, while it bears no iconic "Swoosh", it does very plainly appear to have the cushioning springs just like the Nike Shox (Renfroe). Short of color and Nike branding, the Wal-Mart shoe …show more content…

In my opinion, the photos of the Detra, the Wal-Mart shoes in question, look nearly identical to the Nike Shox. To disregard the patented cushioning columns, it appears to be a complete "knock off" of Nike's design. In a Wall Street Journal article, Ethan Horwitz, who practices intellectual-property law at New York-based firm King & Spalding, said "Nike's choice to pursue a patent claim rather than a trademark claim may bolster the Oregon company's case" (Casey). Horowitz added, "While consumers would be unlikely to confuse the Wal-Mart shoes with Nike's branded footwear -- a trademark issue -- patent claims involve more clear-cut issues of research and development" (Casey). In light of this, I believe that Nike has a very good case. Additionally, this is not the first time that Wal-Mart has been sued -- and lost -- so I think the wise course of action is to seek to mitigate the cost of damages. I'm not insinuating that previous outcomes of cases has a bearing on this particular issue, but this has been Wal-Mart's goal in the past, minimizing

More about Nike Vs. Wal-Mart: Case Study

Open Document