Nike Sues BAPE For Supposedly Building Fame From Its Most Iconic Sneaker Designs
Nike isn’t monkeying around with A Bathing Ape, or BAPE, the cult Japanese fashion label whose sneakers are pretty iconic, albeit steeped in déjà vu. The sportswear giant has sued the latter for allegedly building its brand on derivatives of popular Nike sneakers.
The Oregon company took to a Manhattan federal court on Wednesday to file a suit against Bape for forming a business “[revolving] around copying” Nike designs, the plaintiff claimed in legal documents seen by Reuters.
Going into specifics, Nike said Bape has been selling “near-verbatim” copycats, asserting that the defendant’s Bape Sta is highly reminiscent of Air Force 1; that the Bape Sta Mid is a dupe for Air Force 1 Mid; that the Sk8 Sta resembles the Dunk; that Court Sta High is a copy of Air Jordan 1; and that Court Sta bears resemblance to the Air Jordan 1 Low.
BREAKING 🚨
— Nice Kicks (@nicekicks) January 26, 2023
Nike is suing Bape for trademark infringement and is asking for three times the amount of compensatory damages 😳😳 pic.twitter.com/9nkAl9KFnk
For the uninitiated, Bape Stas were first launched in 2000 and remain the Japanese label’s signature kicks, Complex points out. Bape’s version seemingly fills in Nike’s logo using a star emblem with a trail that could be likened to a swoosh.
To answer why Nike didn’t just do it and take Bape to court in the decades before, Nike explained that it had discussed with Bape representatives about the uncanny designs in 2009. The talks concluded with Bape withdrawing most of its US operations, and redesigning the Bape Sta in 2016.
However, Bape revived the original Air Force 1-like silhouette in 2021, and as such “drastically increased the volume and scope of its infringement,” Nike asserted. In addition, Bape supposedly “refused” to take down the infringing sneakers upon request by Nike.
Bape for years sold redesigned Bapestas (left, from 2018) that looked less like Nike Air Force 1s. Nike says in lawsuit that the new Bapestas (right, from 2022) return to the "initial infringing design." pic.twitter.com/zJbPibheCM
— brendandunne (@brendandunne) January 26, 2023
Nike also argued that sellers in the resale market have noted how close the sneakers from both brands are in appearance, and have occasionally labeled Bape footwear as Air Force 1s or Dunks.
The Japanese streetwear brand’s “copying” has “always been unacceptable” to Nike, the company stressed, though it added that A Bathing Ape’s recent moves have posed a “significant danger to Nike’s rights.”
Nike is now pushing for an injunction against Bape so that it can no longer sell the offending sneakers. The Portland native is also asking for damages of an unspecified amount.
