Trademark registrations
7-Eleven has been using its distinctive orange, green and red colour combination for almost 60 years. It uses the colours not only for its stores, but also for a wide range of merchandise, including socks, clothing and, indeed, shoes. The company also owns several trademark registrations in the United States—and in the European Union—that incorporate this recognisable colour combination.
Collaboration
The convenience-store chain fears that consumers will be confused and may believe that Nike’s new shoe is a joint product by Nike and 7-Eleven. That concern is not entirely unfounded, as 7-Eleven has previously collaborated with major sportswear and clothing companies to launch products, including a partnership with footwear brand Crocs in 2022.
Intent
According to 7-Eleven, there can be no doubt that Nike acted deliberately. If you choose to launch a new sneaker in 7-Eleven’s colours on 11 July—the date celebrated in the United States as 7-Eleven Day—you cannot seriously claim that it is merely a coincidence, the convenience-store chain argues.
Areas of Overlap
Whether 7-Eleven will ultimately prevail in court, however, is far from certain. Claiming trademark protection for a combination of colours is not straightforward, and the fact that Nike and 7-Eleven operate in different industries does not make matters any easier. On the other hand, as noted above, there are also areas in which their commercial activities overlap.
Collector’s item
An interesting side effect of the case is that the new Nike sneakers are already being offered online at extremely high prices. Nike apparently distributed some of the shoes before the launch was suspended. Through sellers such as SneakerAsk and Stoxx, I can buy a pair in EU size 42 for just over €500. Well, a potential collector’s item comes at a price.
Bas Kist
Banner Photo by Josh Chiodo on Unsplash
