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Nike awarded 11 million dollars in counterfeiting and trade dress infringement lawsuit

A legal victory for Nike, Inc. A federal jury has awarded a total of 11 million dollars in damages to protect the trade dress of the Dunk model and against the global sale of counterfeit Nike products promoted through social media and influencer networks.

Accusations concern counterfeiting and infringement of multiple iconic Nike trademarks

An eight-person jury at the US District Court for the Central District of California has held influencer Nicholas Tuinenberg and his apparel brand Divide the youth liable for 11 million dollars in damages. The accusations concern the counterfeiting and infringement of multiple iconic Nike trademarks, including the Nike and Air Jordan names; the Swoosh and Jumpman logos; and the Nike Dunk trade dress.

The jury, explained lawyers from Dla Piper who assisted Nike in a statement, “also found the company Divide the youth liable for infringement of the registered trade dress of the Dunk model, awarded Nike 8 million dollars in damages under the Lanham Act and three million dollars in punitive damages”.

“The verdict represents an important step in the global fight of iconic brands against counterfeiting,” emphasised Tamar Duvdevani, US head of the trademark, copyright, and media division at the firm Dla Piper, in the note. “It confirms that the trade dress of the Nike Dunk is infringed even when third-party brands replace the Swoosh.”

The Dla Piper team was led by Tamar Duvdevani (New York) and included partners Staci Trager (Los Angeles) and Marc Miller (New York), along with associates Oscar Orozco-Botello (Los Angeles), Jared Greenfield, Maegan Stanley and Lucas Uhm (all from New York).

The Philip H. Knight Campus of Nike in Beaverton, US Credits: Nike media centre
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