7-Eleven Sues Nike Over an Air Max 95 Colorway Dropping on Free Slurpee Day
The convenience chain says Nike’s orange, green and red stripes mimic its trademarked tri-color branding.
Summary
7-Eleven filed suit against Nike in federal court in Dallas on Wednesday over an upcoming Air Max 95
The complaint alleges the sneaker's orange, green and red stripe design is a confusingly similar imitation of 7-Eleven's trademarked branding
Nike's scheduled July 11 launch coincides with the retailer's annual "7-Eleven Day" and Free Slurpee Day promotion
7-Eleven has sued Nike in federal court in Texas, accusing the sportswear brand of copying its signature orange, green and red stripe design on an Air Max 95 sneaker scheduled to release on July 11, a date the retailer celebrates annually as “7-Eleven Day.” The convenience store chain filed its complaint on Wednesday in the US District Court for the Northern District of Texas, arguing that the shoe’s colorway amounts to a confusingly similar imitation of the tri-color branding consumers associate with the 7-Eleven name.
Reuters reports that at the center of the complaint sits 7-Eleven’s tri-color stripe combination, a branding element the Irving-based retailer says it has used for decades across store signage, advertising, merchandise, footwear and other products, and one it says is protected by multiple trademark registrations. The lawsuit argues that Nike’s Air Max 95 colorway replicates that stripe design closely enough that consumers are likely to mistakenly believe the shoe was sponsored or endorsed by 7-Eleven, despite no partnership existing between the two companies. To support that argument, the filing points to media reports that have already described the shoe as inspired by the convenience chain.
The July 11 launch date sharpens the dispute considerably. 7-Eleven identifies the date as being widely associated with its annual “7-Eleven Day” promotion, when participating stores give away free Slurpees, the frozen, syrup-based drinks the retailer has built into a cultural fixture over decades. In a statement, 7-Eleven said the timing forced its hand, noting that “based on the unauthorized use of our brand along with the impending launch in a matter of days on our birthday, 7-Eleven Day (7/11), we had to act quickly and decisively to protect our brand.” The complaint goes further, calling Nike’s conduct a display of “callous and malicious disregard for 7-Eleven’s rights.”
The two sides had reportedly been in contact before the filing. According to the lawsuit, 7-Eleven repeatedly tried to resolve the dispute out of court, but Nike indicated it would continue advertising the shoe and proceed with the planned July 11 launch. That refusal to pause, coupled with the calendar collision, is what pushed the matter into litigation rather than a private settlement. Nike did not immediately respond to a request for comment.
7-Eleven’s requested relief reflects how much is riding on the release date. The retailer is asking the court to block Nike’s sales of the shoe outright, order a recall of any pairs already distributed, and hand over Nike’s profits from the footwear along with additional monetary damages.
