Eddie Van Halen Sues Nike
- Posted on Jun 17th 2009 10:20AM by John D. Luerssen
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Eddie Van Halen is suing Nike over claims that the footwear giant used the trademarked red, white and black stripe design found on his guitars since 1978 on their new line of "Dunk Lows" sneakers. Court papers filed on behalf of Van Halen's company, ELVH Inc., allege Nike infringed on his copyright without "consent, approval or license."The federal lawsuit, filed in Los Angeles last week , contends Nike is doing "irreparable harm and damage" to his signature design. In 2001, Van Halen trademarked the striped color scheme that he has displayed on the body of his "Frankenstein" electric guitars for three decades.
Van Halen is seeking general and punitive damages, all profits arising from the sales of "Dunk Lows" and a permanent injunction halting production of the shoes. The suit is also reportedly calling for "the impoundment and destruction of all footwear."
Earlier this year, Van Halen released his own line of men's high and low top sneakers, featuring the Frankenstein design. The Nike shoes feature red, white and black streaks along the midsole.
In response to the lawsuit, a spokesperson from Nike told Footwear News that the company was aware of the lawsuit but didn't believe it had merit. "Based on the information provided to us, we have not in fringed on any rights held by Mr. Van Halen," the company said. "Nike's Dunk shoe design is not substantially similar to any of the Van Halen designs, and Nike has not referenced the 'Van Halen' name or image as part of any marketing campaign or promotional material associated with the shoe."
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