Could Nike’s New Law Proposal End the Battle Against Fake Kicks?
Nike is pushing legislation at Congress-level, which would grant it more power to stop fakes from entering the US, Bloomberg reports. The draft legislation in question would grant US Customs and Border Protection the authority to seize any goods believed to infringe upon Nike's original designs.
Counterfeit products are often shipped separately from the trademarked logo, which means that the fakes aren't recognized as trademarked goods and cannot be seized at the border. This new legislation would change that by allowing design patents the same protections given to copyrighted and trademarked goods.
Currently under US law, patent holders have to go through the slow and expensive process of a trial to get an import ban. However, if the proposed legislation passes, companies will be able to surpass this and block any products mimicking their design from crossing the US border without needing a technical review comparing internal components.
Nike has been a popular target of counterfeits. Just last October, CNN reported a shipment of fake Nikes worth an estimated $2 million had been seized in California. And in 2018, a counterfeit sneaker ring was busted, but not before it reportedly cost the Swoosh $73 million.
The proposed legislation will be introduced today, December 5, but with anticipated impeachment hearings and an election next year, it’s doubtful it will become law any time soon.