Nike sued over copycat sports bra design
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A Florida-based entrepreneur is suing Nike for allegedly copying her design patents pertaining to a sports bra with pockets.
SherryWear LLC claimed in a lawsuit filed this week that Nike copied its pocket bra design after its founder, Sherry Goff, submitted the SherryWear pocket bra design to Nike via an online submission. The design at the time had some issued and pending patents.
According to the suit filed in a Massachusetts court on Monday, Nike rejected Goff’s design in March 2017. Just a few months later, Nike filed a U.S. patent application for a “Bra With Storage Pockets.” Goff submitted the SherryWear pocket bra design to Nike again after that and was rejected again.
SherryWear specifically takes issue with Nike’s Swoosh Pocket Bra and the Swoosh on the Run bras, both of which feature pockets.
“Nike has never had authority to use, offer, sell or import any product or assembly covered by the Pocket Bra Patents or actively induce others to do so,” the suit claims. “By continuing to engage in commercial activities described in this complaint, Nike is knowingly, deliberately and intentionally infringing the Pocket Bra Patents.”
Retail News has reached out to Nike for a comment. In a statement to Retail News, a spokesperson for SherryWear’s law firm, Caldwell IP Law, said it is “confident in the effectiveness of the patent system and its ability to empower small businesses, such as SherryWear.”
Nike may be on the defensive this time, but the Swoosh has historically taken a harsh legal stance when it comes to protecting itself against potential copycats. Nike, in 2021, filed a trademark infringement and dilution complaint against MSCHF, the company that released its controversial Satan Shoes with Lil Nas X, and settled the lawsuit shortly after. Last year, Nike resolved its trademark infringement battle with footwear designer John Geiger after claiming he created sneakers that were similar to Nike’s Air Force 1 shoes.
Questions & Answers
Q.What is the basis of SherryWear LLC's lawsuit against Nike?
What is the basis of SherryWear LLC's lawsuit against Nike?
SherryWear LLC alleges Nike copied its sports bra design with pockets after its founder, Sherry Goff, submitted the design to Nike through an online submission. Nike later filed its own patent application for a similar product.
Q.Which specific Nike products are being challenged in the lawsuit?
Which specific Nike products are being challenged in the lawsuit?
SherryWear specifically objects to Nike’s Swoosh Pocket Bra and the Swoosh on the Run bras. Both of these Nike products are highlighted for featuring storage pockets, which are central to the patent infringement claim.
Q.How did Nike initially respond to Sherry Goff's design submission?
How did Nike initially respond to Sherry Goff's design submission?
Nike initially rejected Sherry Goff’s design in March 2017 after she submitted the SherryWear pocket bra design via an online submission. She submitted it again later and was rejected a second time.
Q.What is Nike's usual approach to protecting its own designs and trademarks?
What is Nike's usual approach to protecting its own designs and trademarks?
Nike typically takes a strong legal stance to protect itself against potential copycats. The company has previously filed and settled lawsuits concerning trademark infringement, as seen with MSCHF and footwear designer John Geiger.
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