Nike, Inc. (“Nike”) recently issued proceedings against Dominic Ciambrone, commonly known as ‘the Shoe Surgeon’, in the United States for infringement of intellectual property rights in its shoes. Mr Ciambrone is widely acclaimed for his customisation of branded trainers, including Nike’s, and has built up a substantial following off the back of the same.
Not only does Mr Ciambrone modify shoes, with his bespoke customisation services starting at $5,000, he also teaches others how to modify their own. Nike claims that Mr Ciambrone’s services are an attempt to build his own retail empire on the basis of Nike’s existing intellectual property and goodwill.
It is claimed that the unauthorised modification and sale of Nike shoes by Mr Ciambrone is confusing consumers and leading them to believe that the two are affiliated or partnered in some way, which Nike alleges is adversely affecting its brand and reputation. Nike is reportedly seeking injunctive relief as well as over $60 million in damages. Whether Nike will be successful in its claim remains to be seen.
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