FLEET FEET, INC. v. NIKE, INC.

No. 19-2390.

986 F.3d 458 (2021)

FLEET FEET, INC., Plaintiff-Appellee, v. NIKE, INC.; NIKE USA, Inc.; NIKE Retail Services, Inc., Defendant-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2021.


Attorney(s) appearing for the Case

ARGUED: Stanley J. Panikowski , DLA PIPER LLP (US), San Diego, California, for Appellants. Corby Anderson , BRADLEY ARANT BOULT CUMMINGS, LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: Richard T. Matthews , Andrew R. Shores , WILLIAMS MULLEN, Raleigh, North Carolina; Tamar Y. Duvdevani , DLA PIPER LLP (US), New York, New York, for Appellants. William S. Cherry, III , MANNING, FULTON & SKINNER, Raleigh, North Carolina; Matthew S. DeAntonio , J. Douglas Grimes , BRADLEY ARANT BOULT CUMMINS, LLP, for Appellee.

Dismissed and remanded by published opinion. Judge Diaz wrote the opinion, in which Chief Judge Gregory and Judge Richardson joined.


In 2019, NIKE, Inc., NIKE USA, Inc., and NIKE Retail Services, Inc. (collectively, "NIKE") launched an advertising campaign with the tagline "Sport Changes Everything." Fleet Feet, Inc. sued NIKE, alleging that the campaign infringed Fleet Feet's trademarks "Change Everything" and "Running Changes Everything." It also moved...

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