Suing counterfeit sellers, blaming Amazon & eBay for allowing counterfeits

March 21, 2023

It’s taking action against an unnamed group of counterfeit sneaker sellers and e-commerce stores, and it’s accusing marketplaces like Amazon and eBay of not doing enough to stop the problem.

Nike filed a trademark infringement and counterfeiting lawsuit Monday in the U.S. district court for the northern district of Illinois, targeting sellers who use Nike’s federally registered trademarks without permission. Among the word marks at issue are Nike, Nike Air, Air Max, Swoosh, LeBron, Air Force 1, Dunk, and Dri-Fit. Infringed logos include the Swoosh, Jumpman, Air Jordan Wings, and emblems associated with LeBron James, Kyrie Irving, Carmelo Anthony, and Kevin Durant.

Due to Nike’s request to keep the file under seal, the defendants are not named. Taking this step is necessary to avoid tipping off the defendants prior to the temporary restraining order, which could result in the destruction of relevant evidence and hiding assets abroad.

The defendants (and other e-commerce store operators like them) are regularly in contact through chat rooms on sites like, where they are said to exchange tips on “operating multiple accounts, evading detection, pending litigation, and potential new lawsuits”.

Nike called out a number of massive online marketplaces for not doing enough to prevent fakes on their platforms, although it did not name the specific infringing sellers. Amazon, eBay, AliExpress, Alibaba, Wish, and DHgate are mentioned as failing to vet new sellers properly through verification and identity confirmation, and instead allowing sellers to use fake names and addresses. According to Nike, these marketplaces are “unable or unwilling” to stop the proliferation of fakes.




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Nearly 600 websites were sued by Nike in 2021 for selling fake sneakers. In 2020, the brand also engaged in a highly publicized legal battle with Los Angeles-based designer Warren Lotas.

It is Nike’s request that the defendants cease selling the imitation products, that third party vendors like Amazon and eBay stop advertising the defendants, and that the defendants pay Nike for all profits derived from the sales of the infringing trademarks. Nike is also seeking statutory damages of $2,000,000 for “each and every use” of its trademarks, in addition to profit reimbursement.

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