June 2009
Nike face law suit from hard-rock legends...
Eddie Van Halen’s ‘Frankenstrat’ guitar is considered one of his true signatures. So much so that in 2001 his band copyrighted the red, white and black splatter-striped design, which adorns it.
Millions of Van Halen fans have modified their guitars in an attempt to replicate that of their rock legend’s and now according to Van Halen’s latest lawsuit, Nike have also drawn some inspiration from the ‘Frankenstrat’.
Van Halen are suing the sportswear giant over a red, white and black criss-cross pattern they have placed on the sole of a pair of trainers they have recently released. They claim that the pattern Nike has used is an infringement of their protected design and is causing them “irreparable harm and damage”. In turn they seek an order for damages, confiscation of profits and the seizure and destruction of the entire stock of infringing shoes, from the Los Angeles courts. A pertinent factor, which is no doubt driving Van Halen’s court action against Nike, is that earlier on in the year they licensed the ‘Frankenstrat’ design to be used on a new line of Van Halen trainers.
Nike has rejected the allegations made, insisting that the design they have used is not substantially similar to that of Van Halen’s and that they have therefore not infringed any rights owned by the band. They have also added that they have not made any reference to Van Halen in their marketing and promotion of the trainer in question, dismissing the underlying claim that by using the pattern Nike are taking advantage of the bands reputation.
Briffa Comment
Having compared the offending Nike trainers with the ‘Frankenstrat’ design it seems doubtful that Van Halen will succeed with their claim.
The ‘Frankenstrat’ design is original and is protected by copyright however, the only significant similarity Nike’s pattern shares with it, is the choice of colour. This feature alone is something Van Halens protection cannot extend over.
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