© 7-Eleven, Inc./USPTO, U.S. Trademark Registration No. 3,679,337

Nike advertised a new Air Max 95 edition called “Big Bubble Sport Green and Safety Orange” as part of the 30th anniversary of the Air Max 95 shoe line. The sneaker uses orange, green, red, and white visual elements that 7-Eleven argues resemble its long-standing convenience-store branding, leading to a trademark infringement lawsuit over non-traditional trademarks and trade dress, as well as brand identity.

What Is the 7-Eleven v. Nike Trademark Dispute?

7-Eleven owns several USPTO trademark registrations for its iconic red, green, and orange color scheme, as well as its logo marks as shown above. In addition to using these marks with its convenience stores, 7-Eleven also uses the color combination in various ways to sell its own brand of clothing via its website and other retail outlets.

The Nike Air Max 95 Big Bubble Sport Green and Safety Orange design features a color arrangement that 7-Eleven feels is a bit too close to its brand. The company alleges that Nike’s new Big Bubble Sport Green and Safety Orange version of the Air Max 95 infringes on these registered trademarks and its overall brand identity, seeking to trade off of the convenience store chain’s global recognition and goodwill.

What Does 7-Eleven’s Federal Lawsuit Against Nike Allege?

The federal lawsuit filed by 7-Eleven against Nike alleges seven counts, including federal trademark infringement, dilution, and unfair competition regarding the alleged unauthorized use of the convenience store’s signature colorway. The complaint, which was filed in the Northern District of Texas, also includes four Texas state-level trademark claims, making this a significant intellectual property dispute involving both federal and state trademark laws.

The 7-Eleven trademark lawsuit alleges that Nike’s new Air Max 95 misappropriates 7-Eleven’s total brand identity, rather than just a single trademark, creating a false impression of an official collaboration between the two companies. The company seeks to halt the sale of the sneakers and demands the destruction of Nike’s existing inventory of the infringing product, as well as any profits that the company has made from sales of the shoes to date.

7-Eleven is also seeking a permanent injunction that bars Nike from ever selling the infringing shoes. 

Can Colors Function as Trademarks?

Recognition of colors by themselves as trademarks is a relatively recent development in trademark law, dating back to only the 1990’s and the U.S. Supreme Court case of Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995).

In its shoe design, Nike utilized parallel, stacked stripes of orange, green, and red on the Air Max 95 “Sport Green and Safety Orange” version of the shoe, which 7-Eleven argues copies its federally registered marks that feature identical parallel, stacked stripes in the same order, as shown in the logo above.

Many commentators and online product reviewers have stated that the colors of the new Air Max 95’s are inspired by or are otherwise an homage to the 7-Eleven brand and its tri-color mark.  The company has cited many representative articles to this effect in the Nike trademark infringement lawsuit, lending credence to the convenience store company’s arguments that Nike is misappropriating the 7-Eleven brand without the company’s consent.

Why Does 7-Eleven Claim Nike Misappropriated Its Brand Identity?

In addition to the color similarities between 7-Eleven and the Nike Air Max 95’s, the convenience store company also cites the fact that the shoes were originally scheduled to be released for sale to the public on July 11, or “7/11”. 7-Eleven celebrates “Slurpee Day” worldwide by giving away its iconic Slurpee frozen drinks, among other benefits that it offers to celebrate its namesake day with the public. 

While not yet cited in the lawsuit, it is also foreseeable that 7-Eleven could and will additionally take issue with the tongue-in-cheek reference in Nike’s advertising for the shoes as being perfect for “strolling down to the corner store”.

What Happens Next in the 7-Eleven Nike Air Max 95 Lawsuit?

While the Texas District Court has not yet ruled on granting the injunction sought by 7-Eleven to prevent the shoes from ever being sold to the public, Nike decided to scrap the release of the shoe altogether…but not before many pairs were sold online and/or given away to social media influencers and reviewers for pre-release publicity. 

Currently, there are no plans for the infringing Air Max 95’s to be sold directly by Nike or its authorized third-party vendors. The only way to get your hands on the Nike Air Max 95 7-Eleven colorway now is to pay steep premiums for one of the early-release or unauthorized-sales pairs.

Sand, Sebolt & Wernow Offer IP Legal Expertise

This 7-Eleven Nike lawsuit involving 7-Eleven’s registered color marks highlights the growing importance of protecting brand identity and non-traditional trademarks in today’s marketplace.  Companies seeking to protect their intellectual property should work with an experienced trademark attorney to evaluate and enforce trademark rights.  The attorneys at Sand, Sebolt & Wernow can help you identify and protect your intellectual property. Contact us today.