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March 2006

Sports Giants Nike & Adidas Set to Battle over Shoes

Nike has issued proceedings in Texas, USA against one of its main rivals Adidas for patent infringement.

Nike claims to have spent over 16 years developed cushioned sole technology known as “SHOX” which is protected by at least 19 separate patents and is used in several of Nike’s best selling ranges including the long running “Nike Air” range. The Adidas ranges targeted by Nike use Adidas’ “a3 cushioning” and include the new range endorsed by basketball player Kevin Garnett.

Amongst the remedies requested by Nike are claims for damages and a demand that all Adidas shoes featuring the allegedly infringing technology are removed from sale.

BRIFFA Comment:
Patent disputes can be the subject of long running battles and are often used by large companies as part of their commercial strategy rather than being purely legal issues. Nike are no doubt aware that Adidas’ purchase of Reebok earlier this year gives Adidas an increased market share and also an entry into a more niche market in terms of footwear technology since Reebok was amongst the first companies to adopt a more scientific approach to support and cushioning in footwear. By issuing proceedings against Adidas Nike is likely to hamper future development and release of planned Adidas footwear ranges.

Nike’s current campaign isn’t only limited to targeting Adidas however, at the recent World Shoe Association Show in Las Vegas Nike also served a claim for patent infringement on two other companies - Air Max Import & Export Inc. and Romeo & Juliette.

Sarah Jeffery
Sarah@briffa.com

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