Barely a month after settling its patent lawsuits against Skechers, Nike is suing Adidas for infringing its patent rights to its Flyknit sneakers.
According to The Portland Business Journal, Nike has filed a patent infringement lawsuit against Adidas. Nike is accusing Adidas of infringing its patent rights for its Flyknit sneaker line by stealing its “game-changing novel method of designing and manufacturing uppers that enables Nike to create footwear that excels in performance, design, and aesthetics while reducing materials and waste.” In addition to filing a lawsuit, Nike has also petitioned the United States International Trade Commission to investigate Adidas under section 337 of the Tariff Act for unlawful importation and the sale of products that violates its patent.
Adidas’s response to Nike is that – the claims are untrue. “We are currently analyzing the complaint and will defend ourselves against the allegations. Our Primeknit technology resulted from years of dedicated research and shows our commitment to sustainability,” Adidas said in a statement, according to Oregon Live.
Section 377 of the Tariff Act has become popular for handling intellectual property disputes for companies incorporated in the United States and foreign companies with a presence in the United States because it allows the International Trade Commission to investigate acts in connection with the importation of articles into the United States. Also, the International Trade Commission is empowered to grant broad exclusion orders, which serve as a powerful remedy to prohibit the entry into the United States of infringing articles.