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Nike finds itself in a legal dispute as Florida-based entrepreneur SherryWear LLC accuses the multinational corporation of design patent infringement. The lawsuit claims that Nike unrightfully adopted SherryWear's patented pocket bra design, leading to a series of commercially successful sports bras.
According to the lawsuit, Sherry Goff, the founder of SherryWear, submitted her pocket bra design to Nike through an online submission. Although Goff's design had some issued and pending patents, Nike rejected it in March 2017.
Surprisingly, just a few months later, Nike filed a U.S. patent application for a "Bra With Storage Pockets." Goff resubmitted her design to Nike, only to be rejected again. SherryWear specifically takes issue with two Nike products, the Swoosh Pocket Bra and the Swoosh on the Run bras, which include pockets.
The suit specifically highlights Nike's Swoosh Pocket Bra and the Swoosh on the Run bras, which feature pockets. "Nike has never had the authority to use, offer, sell, or import any product covered by the Pocket Bra Patents or actively encourage others to do so," the lawsuit claims. SherryWear firmly believes that Nike's actions constitute a deliberate infringement of the Pocket Bra Patents.
While Nike is known for taking a strong legal stance to protect its brand, it is now in the hot seat as it faces this lawsuit. In response to the allegations, SherryWear's law firm, Caldwell IP Law, expressed confidence in the effectiveness of the patent system in empowering small businesses like SherryWear.
This legal battle adds to Nike's history of protecting itself against potential copycats. In 2021, Nike filed a trademark infringement and dilution complaint against MSCHF, the company behind the controversial Satan Shoes collaboration with Lil Nas X. The two parties settled the lawsuit shortly after. Nike also resolved a trademark infringement dispute with footwear designer John Geiger last year, claiming that his sneakers resembled Nike's iconic Air Force 1 shoe.
As the case unfolds, the possibilities and implications for SherryWear and Nike continue to generate interest and speculation.
Photo: Jerome/Unsplash
