SherryWear designer sues Nike over patented design

Sherry Goff, a Florida-based entrepreneur and founder of SherryWear LLC, has filed a lawsuit against global sportswear giant, Nike.

SherryWear designer sues Nike over patented design

Sherry Goff, a Florida-based entrepreneur and founder of SherryWear LLC, has filed a lawsuit against global sportswear giant, Nike. The lawsuit alleges that Nike copied her patented design for a sports bra with pockets, a claim that could have significant implications for both parties involved.

SherryWear LLC vs. Nike: A Battle Over Sports Bra Design Patents

The lawsuit, filed in a Massachusetts court, claims that Goff submitted her pocket bra design to Nike via an online submission. The design, which had some issued and pending patents at the time, was rejected by Nike in March 2017. However, just a few months later, Nike filed a U.S. patent application for a "Bra With Storage Pockets." 

The suit specifically targets Nike’s Swoosh Pocket Bra and the Swoosh on the Run bras, both of which feature pockets. According to the complaint, "Nike has never had authority to use, offer, sell or import any product or assembly covered by the Pocket Bra Patents or actively induce others to do so."

Importance of Intellectual Property Protection For Designers

This is not the first time Nike has found itself embroiled in a patent infringement lawsuit. In October 2019, Nike filed a Patent Infringement Lawsuit against Skechers, alleging that they copied Nike's patented shoe features. The company has also previously taken legal action against MSCHF over the controversial Satan Shoes and footwear designer John Geiger over alleged similarities to Nike’s Air Force 1 shoes.

The penalties for patent infringement can be severe, including paying damages to the patent owner, covering the patent owner's legal fees, and being prohibited from selling the infringing product. In some cases, the court may even order the destruction of the infringing product.

How the Outcome Influence Retail Marketing 

From a retail marketing perspective, this case underscores the importance of protecting intellectual property and the potential consequences of patent infringement. It also highlights the role of design patents in the competitive sportswear market, where innovation and unique designs can provide a crucial edge.

In this context, the outcome of the lawsuit could significantly impact Nike's marketing strategies and its reputation among consumers. As the case unfolds, it will be interesting to see how it influences the retail marketing landscape, particularly in the sportswear sector.

The lawsuit serves as a reminder for businesses to ensure their products do not infringe upon existing patents, highlighting the need for thorough market research and careful analysis of competitor products.

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