A Florida-based entrepreneur is suing Nike for allegedly copying her design patents pertaining to a sports bra with pockets.
SherryWear LLC claimed in a lawsuit filed this week that Nike copied its pocket bra design after its founder, Sherry Goff, submitted the SherryWear pocket bra design to Nike via an online submission. The design at the time had some issued and pending patents.
According to the suit, which was filed in a Massachusetts court on Monday, Nike rejected Goff’s design in March 2017. Just a few months later, Nike filed a U.S. patent application for a “Bra With Storage Pockets.” Goff submitted the SherryWear pocket bra design to Nike again after that and was rejected again.
SherryWear specifically takes issue with Nike’s Swoosh Pocket Bra and the Swoosh on the Run bras, both of which feature pockets.
“Nike has never had authority to use, offer, sell or import any product or assembly covered by the Pocket Bra Patents or actively induce others to do so,” the suit claims. “By continuing to engage in commercial activities described in this complaint, Nike is knowingly, deliberately and intentionally infringing the Pocket Bra Patents.”
FN has reached out to Nike for a comment. In a statement to FN, a spokesperson for SherryWear’s law firm, Caldwell IP Law, said it is “confident in the effectiveness of the patent system and its ability to empower small businesses, such as SherryWear.”
Nike may be on the defensive this time, but the Swoosh has historically taken a harsh legal stance when it comes to protecting itself against potential copycats. Nike, in 2021, filed a trademark infringement and dilution complaint against MSCHF, the company that released its controversial Satan Shoes with Lil Nas X, and settled the lawsuit shortly after. Last year, Nike resolved its trademark infringement battle with footwear designer John Geiger after claiming he created sneakers that were similar to Nike’s Air Force 1 shoes.
