In a proposed judgment and order filed with the US District Court for the Southern District of New York last week, it is revealed that Nike has obtained a permanent injunction and an undisclosed sum of damages against shoe customsiser Dominic Ciambrone, commonly known as ‘the Shoe Surgeon’. Details of the claim were reported by us back in August 2024.
Nike had claimed that Mr Ciambrone’s unauthorised modification and sale of Nike shoes was confusing customers and leading them to believe that the two were affiliated or partnered in some way, which Nike alleged was adversely affecting its brand and reputation. It initially claimed for over $60 million in damages, though it is likely that the agreed settlement sum will remain under wraps.
The filed proposed judgment sets out broad restrictions placed upon the defendant, including a ban on the use of Nike’s trade marks, altering and reselling otherwise genuine Nike shoes in a way that would suggest an affiliation with or approval by Nike, and using any Nike branding in advertising. Additionally, the defendant will be required to remove from sale all products baring any Nike branding within 30 days and must acknowledge that use of the marks amounts to trade mark infringement, unfair competition and/or civil counterfeiting, but not criminal counterfeiting.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
