Updated on Feb. 15, 2023: Design firm By Kiy, LLC is clapping back at Nike with a countersuit after the Swoosh sued it for trademark infringement in December. In a countersuit filed against Nike on Monday, By Kiy said its shoe designs in question are “a different type of product than the athletic shoes Nike sells” and that its lightning bolt design in the center looks nothing like Nike’s “Swoosh.” The countersuit also argued that By Kiy sells in different channels and at a different price point than Nike. “There is no conceivable way that any reasonable consumer would think he or she is buying a Nike product when the consumer buys a By Kiy product, whether in the primary or secondary sales markets,” the complaint read. “Nike has presented zero pleading or evidence to the contrary.” By Kiy is looking for a judge to rule that Nike’s claims for trademark infringement are invalid and unenforceable. What we reported on Dec. 7, 2022: Nike filed a new trademark infringement lawsuit last week against several “bad actors” accused of knocking off its Air Jordan 1 and Dunk sneaker styles. According to a complaint filed on Nov. 30 in U.S. District Court for the Southern District of New York, Nike
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