nike vs. bape: the lawsuit that took 20 years to lace up

you know what’s funny? it took Nike two decades to realize. that Bape’s sneakers looked suspiciously like their own. or maybe they always knew, but hey, why rush when you can wait until the knockoffs are practically vintage?

in january 2023, Nike finally decided to sue Japanese streetwear brand A Bathing Ape (Bape) for trademark infringement, claiming that Bape’s iconic Bape Sta sneakers were “near verbatim” copies of Nike’s Air Force 1. the lawsuit, filed in New York’s Southern District Court, accused Bape of causing consumer confusion and riding on Nike’s coattails. but here’s the kicker: Bape had been selling these shoes since the early 2000s. so, what exactly has Nike been doing for the last 20 years?

a tale of two sneakers (and some expired patents)

let’s rewind to the early 2000s, when Bape Sta sneakers first hit the streets. with their shiny patent leather uppers and bold colorways, they were an instant hit in hip-hop culture. Pharrell, Lil Wayne, and even Soulja Boy (remember Crank Dat?) were rocking them. Sure, they looked a lot like Nike’s Air Force 1, but instead of the Swoosh, Bape slapped on a cartoonish shooting star. It was cheeky, it was flashy, and it was expensive—retailing at $200 when Air Force 1s were barely $90.

But here’s the thing: Nike didn’t seem to care. Why? Well, for one, the Air Force 1’s design patents had expired in 2002, meaning Bape could legally mimic the silhouette without much trouble. And for years, Bape’s U.S. sales were relatively small, so Nike probably didn’t see them as a threat. In fact, rumors swirled that Nike even offered Bape a licensing deal in 2009.

Fast forward to the 2020s, and the sneaker game had changed. Bape was back in the U.S. market with stores in New York, L.A., and Miami, and their sneakers were selling like hotcakes. Meanwhile, Nike was busy suing every bootlegger in sight, from Warren Lotas to Kool Kiy. By 2021, Bape’s sales had grown too big to ignore, and Nike finally decided to lace up its legal boots.

who’s really copying who?

Here’s where it gets ironic. While Nike was busy accusing Bape of ripping off their designs, sneakerheads couldn’t help but point out that Nike itself had borrowed a few tricks from Bape. Remember those shiny, pastel-colored Air Force 1s that Nike started releasing in the mid-2000s? Yeah, those looked a lot like Bape Stas. And let’s not forget that streetwear thrives on remixing and reinterpreting iconic designs.

The lawsuit ended in April 2023 with a settlement. Bape agreed to discontinue some of its sneakers and redesign others, but the details were kept hush-hush. Was it a win for Nike? Sure, if you count forcing a smaller brand to tweak its designs after 20 years of coexistence. But for Bape, the lawsuit only cemented its legacy as a streetwear pioneer that dared to challenge the big guys.

conclusion: you can't trademark motion

At the end of the day, the Nike vs. Bape saga isn’t just about trademarks—it’s about culture, hype, and the blurred lines between inspiration and imitation. Because let’s be real: in the world of sneakers, everyone’s copying someone.