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Nike has sued The Shoe Surgeon.
In a lawsuit filed on July 15, Nike alleges that The Shoe Surgeon runs an “illicit Nike empire” and encourages others to counterfeit shoes with his Surgeon Academy courses.
Damn.. they call Surgeon Academy… Nike Counterfeiting 101. Alleging that his course teaches and encourages others to use their newly honed counterfeiting skills to venture into their own business. If you took this course and make your own customs…look out. ? pic.twitter.com/RU35jCuh8F
— Sneaker & Streetwear Legal Services? (@SneakerLegal) July 15, 2024
Dominic Ciambrone, aka The Shoe Surgeon, is known for his luxury sneaker customizations from Air Jordan 1s to Nike Dunks with premium materials and luxury items from Louis Vuitton and Dior-inspired customs.
The lawsuit follows after Goyard sued The Shoe Surgeon for infringing on their trade dress on custom Air Jordan/Nike sneakers.
Nike mentioned the Goyard lawsuit in the Complaint. That is probably what helped force their hand here. They sent a C&D to him in Aug. 2023 that specifically mentioned his Nike/Goyard customs. pic.twitter.com/o8xP7UbNJx
— Sneaker & Streetwear Legal Services? (@SneakerLegal) July 15, 2024
According to court documents, Nike has sent The Shoe Surgeon multiple cease & desist complaints. The brand also alleges that The Shoe Surgeon was removing shoes from his website and posting/selling them through other channels.
The lawsuit also states that Nike has worked with The Shoe Surgeon and gave him permission to “a few limited prior engagements” related to commissioned one-off customizations. However, the brand believes The Shoe Surgeon and Surgeon Academy are creating confusion in the marketplace with the luxury collabs as well as giving a platform to new counterfeit-centered businesses.
Nike has issued a statement regarding the lawsuit:
Our goal is to make sure consumers are not misled and have access to authentic Nike, Inc. products that are authorized and created according to our high standards with the performance benefits they expect. It is unfortunate that after many attempts to resolve this matter privately, we’ve had to take legal action against the Shoe Surgeon for counterfeiting, mass customization and trademark infringement.
In order to safeguard our brand and IP, and aligned with Nike’s commitment to protect the consumer from counterfeit Nike product, we are left with no choice but to seek a legal solution to address how the Shoe Surgeon is constructing counterfeit “Nike” footwear from scratch and selling it as officially branded product. Further, the Shoe Surgeon is teaching others to create counterfeit “Nike” sneakers. These activities are illegal, deceive consumers and create confusion in the marketplace around source, authenticity and quality of Nike products.
We valued our relationship with the Shoe Surgeon and do not have any issues with the limited, one-of-one customization he’s been doing for us or his clients, when allowed under Nike-sponsored athletes’ contracts. In fact, we value opportunities for our athletes, consumers and partners to express themselves through their own style and creativity.
statement via Nike
The lawsuit is the latest from Nike as it defends its intellectual property (IP) and trade dress.
Over the last few years, Nike has taken legal action against John Geiger, BAPE, Warren Lotas, Kool Kiy, Omi in a Hellcat, Lil Gnar, and others. The Shoe Surgeon will be the latest lawsuit for the Swoosh.
Stay tuned to Snkrs Day as the story develops.