The Swoosh states both brands have infringed over several patents.
On November 6, Nike filed two separate trademark infringement lawsuits against New Balance and Skechers in regards to Nike’s signature Flyknit technology.
In both lawsuits, Nike states that competitors have “copied and made unauthorized use of Nike’s Flyknit technologies” and has enforced its patents against Puma and Adidas. In both lawsuits, Nike claims that New Balance have Skechers violated several of the same Nike patents.
Patent 749
U.S. Patent No. 8,266,749 (the “’749 patent”) is generally directed to a method of manufacturing an article of footwear with a textile element, where the textile element is simultaneously knitted with a surrounding textile structure, and the textile element has a knitted texture that differs from the knitted texture in the surrounding textile structure.
Patent 562
U.S. Patent No. 9,060,562 (the “’562 patent”) is generally directed to a method of manufacturing a knitted component for an article of footwear, the method including knitting an upper with an integral knit tongue during a knitting process, where the integral knit tongue extends through a throat area of the knitted component.
Patent 636
U.S. Patent No. 9,510,636 (the “’636 patent”) is generally directed to an article of footwear that incorporates a knitted component having an upper and an integral knit tongue, where the integral knit tongue is formed of unitary knit construction with the upper and extends through the throat area of the knitted component.
Patent 484
U.S. Patent No. 9,730,484 (the “’484 patent”) is generally directed to an article of footwear having a flat knit upper of a desired three-dimensional shape.
Patent 511
U.S. Patent No. 9,918,511 (the “’511 patent”) is generally directed to an upper for an article of footwear, which comprises a flat knit textile having first and second knit strips that have different properties and that are positioned adjacent to each other along the lateral or medial side of the upper.
According to court documents Nike sent three letters to New Balance with infirgnenment claims starting on January 31, March 3, and again on September 1. Nike demanded that New Balance ceases infringement activities.
In both lawsuits, Nike is seeking compensation and a permanent injunction on both New Balance and Skechers to prohibit future infringements.
Nice Kicks has reached out to New Balance and Skechers for a comment.
Keep it locked on Nice Kicks as the story develops.
