NIKE, Inc. (“Nike”) filed suit against Fujiann Bestwinn (China) Industry Co., Ltd. (“Bestwinn”) on February 17, 2016 in the United States District Court for the District of Nevada, alleging infringement of a number of Nike’s design patents for various aspects of athletic shoes.
In the complaint, Nike alleges Bestwinn infringes its design patents by attending the WSA trade show in Las Vegas, Nevada at least twice yearly and promoting and selling the infringing shoes.
The patents detailed in the suit include eighteen Nike design patents issued between April 26, 2011 and December 29, 2015 pertaining to Nike's shoe designs (see Table 1 below from the complaint).
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A partial list of the accused infringing products from Bestwinn include shoes with Bestwinn model numbers 90088, BW1001, BW1002, BW1003, BW71389, BW71389A-BW71389P, BW71390, BW71390A-BW71390C, BW71391, BW71391A-BW71391E,
BW71390A-1-BW71390C-1, BW71391A-1, BW71391B-1, BW71391D-1, BW71392, BW71392A-BW71392N, BW71392-1 and BW71392A-1-BW71392E-1.
The table below (reproduced from the complaint) offers comparisons between the design patent figures and the exemplary infringing products.
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Nike is seeking judgment against Bestwinn, including a permanent injunction and recovery of damages and expenses from Bestwinn.