After Monday’s news surfaced that Nike, Inc. had filed a trademark infringement lawsuit against Dominic “The Shoe Surgeon” Ciambrone, the sneaker customizer has given his first public response.
A message posted to Ciambrone’s @thesurgeon Instagram account Friday reads: “It’s a dream to collaborate with legendary brands. Especially with the brand who’s [sic] message is for us to believe in something. Who’s [sic] message is, it’s only crazy until we do it. The best is yet to come. To be better. To just do it. We are confused Nike has chosen litigation over a discussion, but we are confident with proper dialogue and collaboration we can resolve this with the new management team and turn it into a win for the culture. Creating defines us. Our pursuit of greatness is the soul of every creation and authenticity is stitched into our DNA. Where there is unity, there is victory.”
This statement makes an obvious mention of Nike’s iconic “just do it” mantra, suggesting that Ciambrone’s business took inspiration from the Beaverton, Oregon-based sportswear company’s ethos. It also references the fact that Nike and The Shoe Surgeon have collaborated in the past, something Nike itself referenced in Monday’s filing, stating it only permitted use of its trademarks for “a few limited prior engagements.”
The legal entanglement between Nike and The Shoe Surgeon follows years of Ciambrone using popular Nike-owned designs as the bases for his customer sneakers. Recent examples include a “Wu-Tang” Air Jordan 1 High-inspired sneaker fashioned after Nike’s soon-to-be-released Dunk High. The python skin-covered custom shoes were priced at $6,500, but have now been removed from his e-commerce store, thesurgeon.com. As of publishing, there are no longer any products resembling Nike or Air Jordans for sale, but the site is selling shoes resembling Adidas Sambas as well as customized New Balance, Dr. Martens, Christian Louboutin and Birkenstock footwear.
Nike issued the following statement to media outlets Monday: “Our goal is to make sure consumers are not misled and have access to authentic Nike, Inc. products that are authorized and created according to our high standards with the performance benefits they expect. It is unfortunate that after many attempts to resolve this matter privately, we’ve had to take legal action against the Shoe Surgeon for counterfeiting, mass customization and trademark infringement. In order to safeguard our brand and IP, and aligned with Nike’s commitment to protect the consumer from counterfeit Nike product, we are left with no choice but to seek a legal solution to address how the Shoe Surgeon is constructing counterfeit ‘Nike’ footwear from scratch and selling it as officially branded product. Further, the Shoe Surgeon is teaching others to create counterfeit ‘Nike’ sneakers. These activities are illegal, deceive consumers and create confusion in the marketplace around source, authenticity and quality of Nike products. We valued our relationship with the Shoe Surgeon and do not have any issues with the limited, one-of-one customization he’s been doing for us or his clients, when allowed under Nike-sponsored athletes’ contracts. In fact, we value opportunities for our athletes, consumers and partners to express themselves through their own style and creativity.”
Nike is asking to be rewarded over $60 million in damages for unauthorized uses of over 30 of its trademarks.
