7-Eleven takes Nike to court over alleged trademark infringement

Convenience store giant 7-Eleven has filed a lawsuit against Nike, accusing the sportswear giant of deliberately copying its signature orange, green and red branding for an upcoming Air Max 95 sneaker set to launch on 11 July.

Filed in the US District Court for the Northern District of Texas on 1 July, the complaint alleges Nike infringed 7-Eleven's long-standing "Tri-colour mark", a distinctive pattern of orange, green and red stripes that the retailer says consumers immediately associate with its brand. The lawsuit seeks to block the sneaker's release and recover damages from Nike.

According to the complaint, 7-Eleven has used the tri-colour branding for nearly four decades across its convenience stores, apparel, footwear and merchandise, and owns multiple federal trademark registrations protecting the colour combination. It claimed the branding is "iconic, famous, and immediately recognized by consumers in the United States and around the world", adding that "consumers exclusively associate the use of orange, green, and red stripes with 7-Eleven."

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At the centre of the dispute is Nike's upcoming Air Max 95 colourway, which 7-Eleven alleges bears a "confusingly similar imitation" of its signature branding. The retailer also pointed to Nike's planned launch date of 11 July, or 7/11, noting it coincides with the annual "7-Eleven day" or "Free Slurpee Day".

"Nike's infringement is a deliberate and willful effort to associate its footwear with 7-Eleven by copying or imitating the tri-colour mark," the lawsuit said. It added that Nike's actions "likely will cause—and indeed already have caused—confusion among the public" over whether the sneaker is affiliated with or endorsed by the convenience retailer.

According to the filing, that confusion has already surfaced. 7-Eleven said product listings have referred to the sneaker as the "7-Eleven" shoe, while several media reports have described the design as being inspired by or paying homage to the retailer. It also alleged that at least one consumer had already purchased a pair of the sneakers before their official launch.

The lawsuit goes further, accusing Nike of intentionally leveraging 7-Eleven's brand equity.

"Nike deliberately intends to deceive consumers into believing that the infringing footwear is connected, associated, or affiliated with 7-Eleven to trade on 7-Eleven's valuable goodwill," the complaint said.

In one of the filing's strongest allegations, 7-Eleven claimed, "Nike has shown a callous and malicious disregard for 7-Eleven's rights," adding that the company "has thus acted in bad faith, with malicious intent, and in knowing disregard of 7-Eleven's rights."

The retailer also said it attempted to resolve the dispute before commencing legal action. 

As part of the lawsuit, 7-Eleven is seeking a permanent injunction to stop Nike from advertising, distributing and selling the Air Max 95 colourway. It is also asking the court to order Nike to recall and destroy the footwear, disgorge profits from the shoe's sales, and pay monetary damages, including treble damages, exemplary damages, attorneys' fees and costs.

The lawsuit also points to 7-Eleven's history of official brand collaborations, arguing that consumers have come to expect products bearing its distinctive tri-colour branding to be licensed or authorised by the retailer. In its filing, the company cited partnerships with brands including Crocs, Sunday Golf, Breezy Golf and DGK as examples of collaborations that have reinforced those expectations.

The legal action comes just a month after 7-Eleven expanded its partnership with New Balance to mark its 45th anniversary in Hong Kong. Following the launch of a mini sneaker puzzle series, the two brands unveiled a second collection featuring co-branded retro cassette players, mini cameras and foldable sports bags under the theme "Rewind to FUN". The collaboration incorporated signature design elements from both brands across the limited-edition collectibles, further underscoring 7-Eleven's track record of officially licensed partnerships with footwear brands.

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