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Nike filed a lawsuit against Kool Kiy and Omi on November 30, 2022. Since then, Nickwon Arvinger and David Weeks' streetwear label, Kool Kiy, and Nike have been in a lawsuit battle.
The swoosh label filed a case against Kiy for trademark infringement on the Kiy sneakers, claiming resemblance to its iconic Air Jordan 1 sneaker model. Meanwhile, Kool Kiy counterclaimed the swoosh label for the AJ1 sneaker model in response to the infringement lawsuit. The swoosh label has now officially replied to the brand and has claimed them to be a "Serial Copyist."
The duo's battle is yet to see an official result. However, the court has now asked both labels to submit a joint letter outlining their respective positions by March 27, 2023.
Kool Kiy is known for its Air Kiy sneaker collab with Reeves Paris
Owned by Nickwon Arvinger and David Weeks, Kool Kiy has argued that it's an independent, well-known streetwear label and that its shoes are soughtafter by sneakerheads. The label is famous for its Air Kiy sneaker collab, which is made alongside Reeves Paris.
The "Air Kiy" sneaker model was first dropped by the streetwear label in 2020. The sneaker model has been inspired by Air Jordan 1 as a part of Kiy studios' premium footwear line, as alleged by Nike. Since its launch, the label's journey has been impeccable and fast-growing.
Most of these sneakers are inspired by the vintage and 90's shoe models focusing on African American culture. Moreover, the label's collaboration with Jimmy Jazz was a turning point for its career.
Details of the lawsuit battle between Nike and Kool Kiy
After a lawsuit battle between Nike and Kool Kiy, the legal saga continues as the swoosh label responded to the claims of the latter brand. While filing the first lawsuit, the swoosh label claimed to notify Kiy of the infringement complaints on August 6, 2021. However, they were unsuccessful in reaching an agreement.
Even after the individual warnings, Kiy continued the business as usual and kept selling the infringed Kiy Air sneakers. After the initial lawsuit, Kool Kiy filed a counter-lawsuit in February 2022, stating that their registered Lightning Bolt trademark logo does not resemble the iconic swoosh logo, which is why their products are not the same.
The label further stated that the trademarks for both Dunk and Air Jordan 1 are invalid and unenforceable. However, the swoosh label has responded to their claims of denying infringement, stating in the filing in the southern district of New York:
"Kiy is not a ‘cutting-edge design house. There is nothing creative or ‘cutting-edge’ about stealing Nike’s designs and replacing the Swoosh with Kiy’s logo."
The lawsuit statement also mentioned KIY to be a "serial copyist":
"Rather, Kiy is a serial copyist who has profited from its intentional theft of some of Nike’s most iconic silhouettes. Kiy’s counterclaim, littered with incorrect and irrelevant allegations, is nothing more than an attempt to distract from Kiy’s own willful infringement.”
The swoosh label argues that Kool Kiy's filing in February 2023 fails to reveal sufficient facts and has asked the court to dismiss their counterclaims entirely. Nike further requested the court to end the case in their favor.
After ending the case, the label asks Kiy to stop producing their infriged sneakers and give the leftover stock for destruction. Apart from that, the brand has asked for additional compensation.
