Pre-orders for Warren Lotas’ ‘Dunk’ are being halted by Nike

March 21, 2023

The Nike-Warren Lotas legal saga isn’t slowing down yet. Lotas addressed the situation on social media after Nike filed a lawsuit against him for his SB Dunk lookalikes last Wednesday, saying he was investigating the claims and that buyers would still receive the shoes. A second lawsuit has surfaced this week that could end Lotas’ operation while a final ruling on the lawsuit is made.

This week, Nike filed a preliminary injunction in the U.S. Central District Court. According to the document, Lotas is selling designs with a mark that is “confusingly similar” to Nike’s iconic Swoosh logo, as well as “identical trade dress” of the Dunk model. Despite the lawsuit, the brand has been adamant about not fulfilling Lotas’ pre-orders with the injunction.

According to the filing, if [Warren Lotas] floods the market with fakes, Nike will lose control of its hard-earned reputation, and the goodwill Nike has spent decades building in its trademarks will suffer. While this action is pending, [Warren Lotas] must not fulfill pre-orders for infringing sneakers.”

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Nike’s injunction is divided into four parts. In the first place, Lotas asks that “all persons who are in active concert or participation” with the brand not fulfill orders. Furthermore, the suit seeks to stop Lotas and his associates from “promoting, offering to sell, selling, and/or taking additional pre-orders” for the infringing designs. Furthermore, Nike is requesting Lotas hold the money made so far on pre-orders in escrow until the lawsuit is settled so that buyers can be refunded if the Swoosh wins. Lotas has 30 days to respond to Nike’s injunction in writing.

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