7-Eleven has sued Nike over the Air Max 95 model, which features orange, green and red stripes – colours that have been associated with the retail chain for decades. 🏪🔥
According to 7-Eleven, a similar colour scheme may lead consumers to believe that the trainers were produced as part of an official collaboration between the brands. However, no such agreement exists between the companies.
Context is also significant. The launch was originally scheduled for 11 July, known as ‘7-Eleven Day’, during which the chain organises its ‘Free Slurpee Day’ promotion. 7-Eleven claims that Nike deliberately sought to capitalise on its brand recognition.
This case shows that a trade mark need not be limited to a name or logo. A distinctive colour combination can also be protected if consumers associate it with a specific business. ⚖️✨
