A trademark is your brand’s identity. A trademark can be any word, phrase, symbol, design, or a combination of any of these things that distinguishes your goods or services from others. It’s how consumers recognize you in commerce. However, when your ego gets in the way the consequences can be costly.
Kool Kiy, a well-known sneakerhead and clothing designer, released a sneaker in 2020 called the “Air Kiy” that did numbers in commerce. Omi, a well-known car enthusiast, began dabbling in fashion and merchandise not long afterwards. After finding out Kool Kiy shared the same sneaker manufacture, Omi jokingly told Kool Kiy that his sneakers would sell more than the Air Kiy. Allegedly, Kool Kiy told their manufacture to no longer work with Omi, which they did. According to Omi, he had to put in an order close to $1,000,000.00 for the manufacture to get back to reproducing his shoes.
According to Omi, he confronted Kool Kiy about him interfering with his production and the conversation did not go well. In turn, Omi started making the identical sneakers rebranded branded the “Air Omi.” Both of their Nike-inspired sneakers feature almost an almost undistinguishable lightning bolt logos.
The “Air Kiy” and “Air Omi” are almost indistinguishable from Nike Dunks, Air-Force ones, and Air Jordan Ones. The lightning bolt logo is really the only distinguishable mark located on the shoe. The designs of Kool Kiy and Omi’s shoes appears to be identical to Nike.
Both parties landed on Nike’s radar due to their heavy social media presence and the success of their sneakers within the sneaker culture. Nike’s legal team notified Nickwon Arvinger and David Weeks of By Kiy LLC (aka Kool Kiy) of the alleged infringement on August 6, 2021, and attempted to reach a resolution, but settlement talks fell through. On October 5, 2022, they reached out to Bill Omar Carrasquillo of Reloaded Merch LLC (Omi aka “Omi in a Hellcat”) with a similar offer. According to Omi, the document he received gave him one week to contact Nike’s attorneys to discuss the matter or face litigation. Omi and Kool Kiy disregarded Nike’s correspondence.
Nike was not selling wolf tickets to Kool Kiy nor Omi. On November 30, 2022, Nike filed a trademark infringement lawsuit in the Southern District of New York against Kool Kiy and Omi. Now the rivals, are now co-defendants due to ego and greed.
I feel like the general public knows how this is going to play out. It does not look favorable to Kool Kiy nor Omi. However, I am looking forward to the “Naked Licensing” argument that Kool Kiy has plead in his counterclaim. Essentially, naked licensing is an unmonitored license. One must first have established a license to make this argument, so I am anxious to see what evidence Kool Kiy has that support this averment.
Looking at this play out reaffirms my belief that business is never personal. If I’m Omi did not sell and identical sneaker of the Air Kiy he would not be in this suit. He’s in this suit due to personal issues because this was not a well-informed business decision.