Posted by Nicholas Minikel.
The quote from Charles Colton can be easily applied here because Warren Lotas was almost exactly copying Nike shoes. The problem here is how truly similar the shoes are because it is so obvious that Warren Lotas is copying Nike because they put a Nike logo on their own shoe. Nike is a brand that is willing to engage in Lawsuits to defend the brand. This includes defending themselves and not giving and dealing with issues outside of court rooms as well as dealing with issues inside court rooms. This issue is a perfect example of when Nike is simply unwilling to let an issue go. Nike is willing to engage in lawsuits with some of the best athletes in the world including Kawhi Leonard and if they are willing to do this then no lawsuit is out of bounds for them. The issue of stealing the looks of shoes is extremely important because the quality of a Nike shoe compared to its competitors is almost nothing. However, what helps separate Nike from other companies is its ability to make fascinating shoes. If Nike were to allow competitors to steal the look of their shoes the business could lose a lot of money. This lawsuit is important for Nike because it needs to show its competitors that if they steal the looks of a Nike shoe they will be sued for a lot of money. “Nike is seeking three-times the damages incurred, profits from Lotas’ sales, and reimbursement of lawsuit and attorney fees” (Jones 1).
The result of the case is that Lotas can no longer gain brand recognition and profits off of the Nike imitations and must stop selling them immediately. As well “ $10K bond has been issued and Warren has 30 days to file in compliance of the court’s ruling”(Sensarma 1). The reason why the court did not rule for everything Nike wanted was because the court did not believe that the damage Lotas committed against Nike was as much as Nike was suing for. This case will probably have to go to court again as right before the case went to court Lotas made two more Nike imitations that were not involved in this case. They have profited again off Nike and Nike will probably have to show them a lesson again.
My opinion on the case is that the court did not strike down hard enough against Lotas. The punishment of essentially do not do this again is not hard enough. Lotas probably made a lot of money and they stole the looks of Nikes shoe even down to the logo on the shoe. They should at the absolute least ne required to pay back the profits they made off the shoe. Many people just bought the shoe from Lotas because it looed the same as Nike except it was cheaper from Lotas. As well clearly, they did not learn their lesson because they released more Nike imitation shoes. As well they should pay the lawyer fees for Nike since Nike was forced to defend their brand against Lotas. Lotas still would have walked away the winner in this situation because their brand was boosted by so many people the Nike imitations that they will likely shop at Lotas again.
Nicholas is an accounting major at the Stillman School of Business, Seton Hall University, Class of 2023.
https://www.yahoo.com/entertainment/nike-suing-warren-lotas-over-164348765.html
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