Nike doing the footwork to kick ongoing import and sale of counterfeit goods . . .

Nike secures permanent injunction against importers


Sportswear multinational Nike has secured a permanent injunction against importers Kal America and Capital Freight Management.

Back in July 2015, Nike filed a trademark infringement (pdf) and counterfeiting lawsuit at the US District Court for the Central District of California.

It alleged that Kal, a licensed customs broker, and Capital Freight, a licensed freight forwarder that transports goods from China to the US, had assisted in the importation and transportation of the infringing goods.

Since 1971, Nike has sold footwear and other related products throughout the US. It owns numerous trademarks including ‘Nike’, ‘Nike Air’ and its ‘Swoosh’ design.

According to the claim, the defendants had imported footwear bearing “unauthorised reproductions, copies, counterfeits and colourable imitations” of the Nike trademarks.

Nike said that in 2013, the defendants had filed customs entry documents allowing for the importation of the infringing goods.

The entry consisted of 9,456 pairs of infringing Nike products, which were seized by customs and valued at $347,000.

But US District Judge George Wu put a stop to the infringement, ordering a permanent injunction (pdf) and final order on January 24.

Kal and Capital Freight were enjoined from importing counterfeit Nike goods and from passing off goods not manufactured by Nike as authentic products.

The parties waived their right to appeal against the injunction and order, and bore their own attorneys’ fees and costs of the action.