Just when it seemed like Warren Lotas had found a resolution after being sued by Nike over his Dunk lookalikes, the Swoosh is responding to the designer's replacement offerings.
In a court filing from Monday in the Central District of California, Nike is yet again pushing for a preliminary injunction against Lotas after he announced "Reaper" replacements last Friday. Nike's latest filing argues that not only did Lotas reply to its original injunction three days late, but that the designer's response proves he hasn't actually stopped the infringement as requested. The athletic company points out that designs mentioned in its October suit, namely the Staple-endorsed "WL Pigeon" and the Stussy-like Freddy Broccolini Chanclas, still appear on Lotas' Instagram account.
Nike's reply to Lotas' opposition goes on to take grievance with the new sneakers, calling them a "blatant bait-and-switch" and arguing that they still too closely resemble the Dunk.
"[Warren Lotas] never presented these 'replacement' sneakers to Nike for its review or approval," reads the filing. "If it had, Nike would have likely told [Lotas] that the 'replacement' sneakers are unacceptable because they appear to still infringe at least some of Nike’s Dunk trade dress registrations. For example, the 'replacement' sneakers appear to have at least the same or a similar infringing outsole as the WL Pigeon and WL Broccolini sneakers."
Lotas' delayed opposition mentioned in Nike's reply was to be filed on Oct. 26, but wasn't received until Oct. 29. In that document, Lotas argues that he never received a cease and desist prior to Nike's lawsuit. The opposition says it informed Nike that the Staple collaboration was not yet manufactured, and that orders for the Freddy Broccolini Chanclas would not be fulfilled and pairs would be destroyed.
Because of the untimely opposition and Lotas' alleged continued infringement, Nike says that its preliminary injunction should proceed. A judge is scheduled to make a decision on the injunction on Monday, Nov. 16.
