Nike's legal department has been particularly active in recent years, targeting various brands, customizers, and small businesses over alleged trademark infringements. Among these cases was a notable lawsuit against Kool Kiy in November 2022. Kool Kiy, a burgeoning brand known for selling sneakers that bore a striking resemblance to the iconic Air Jordan 1, faced accusations of producing knock-offs that infringed upon Nike's trademarks. While Kool Kiy's partner, David Weeks, settled with the Swoosh in August of the previous year, the case against Kool Kiy himself has now officially concluded with a settlement.
The terms of the settlement were not entirely disclosed, leaving some details confidential. However, court documents obtained by Sole Retriever reveal that Kool Kiy must pay Nike $1 million as part of the settlement agreement. Additionally, the documents confirm that Kiy has acknowledged Nike's ownership of the trademarks cited in the lawsuit, which include those covering the Air Jordan 1 High, Jordan 1 Low, and various branding details associated with the Jordan 1 line.
As part of the agreement, Kiy has conceded that his products infringed upon Nike's trademarks. Consequently, Kool Kiy is now prohibited from selling his current designs. This marks the end of the Air Kiy silhouette, which had gained considerable popularity over the past few years.
Moving forward, Kool Kiy retains the ability to design and sell new products, provided they do not incorporate elements protected by Nike's trademarks. This stipulation opens the door for Kiy to pivot creatively and bring fresh, original designs to the sneaker market without infringing on Nike's intellectual property.
The settlement underscores Nike's ongoing commitment to protecting its brand and trademarks, particularly those associated with its most iconic products. For Kool Kiy, the resolution of this lawsuit represents both a significant financial obligation and an opportunity to innovate within the legal boundaries established by this agreement. This development comes on the heels of another high-profile trademark case, where Nike and BAPE recently settled their dispute, leading to BAPE discontinuing the production of several sneaker models and making design changes to the BAPE STA and SK8 STA.
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