China-based Fujian Bestwinn is accused by Nike of having “made, used, sold, offered to sell, and/or imported into the United States shoes bearing designs that have the same or substantially similar overall visual impression as the designs covered by [at least 20 of] Nike’s design patents,” according to a report by The Fashion Law.
Nike claims that it has attempted multiple times to get Fujian Bestwinn to agree to cease production of said offending styles, but that Bestwinn has continued to sell the shoes, including its popular Flyknit sneakers. Nike says it has even sent representatives to the WSA@Magic trade show in Las Vegas for the last three years running to notify Bestwinn officials in person of the company’s infringing styles. Each attempt was unsuccessful, according to Nike.
For its part, Bestwinn reports annual profits of between $50 and $100 million dollars a year, and says it imports between 91 and 100 percent of its styles internationally, including American retailers such as Wal-Mart.
Though much of the case is still on the horizon, Nike scored an early victory last month, when upon filing, a judge granted the company a preliminary injunction which allows Nike to seize any of the infringing sneakers from Bestwinn. At the FN Platform show held last month in Las Vegas, Nike did just that.