Is the Nike Bape Lawsuit a Long Overdue Legal Action?

Nike has been doing its own little purge for years when it comes to sneaker rip-offs. And as we saw here, the Swoosh kept its lawyers pretty busy in the last few years! However, one brand has been off Nike’s radar for a long time, or so we thought. But now, Bape is under fire, and it seems like the brand’s luck ran out! So why did the Nike Bape lawsuit take so long? And why did Nike decide to do it now? Let’s find out together, shall we?

A Bathing Ape – A Flashy Status Symbol!

Bape, or A Bathing Ape, is a Japanese brand founded by Tomoaki Nagao, famously known as Nigo, back in 1993. However, the brand didn’t emerge in the US until 2003. But when it did, it certainly caught everyone’s attention with its colorful streetwear and sneakers. In fact, Bape items became a status symbol because they required connections or patience to get ahold of.

Now, the most popular sneaker by the brand is the Bape Sta. And this silhouette could almost pass as a carbon copy of Nike’s Air Force 1 with some changes. For example, instead of the iconic swoosh, we have the shooting star emblem that became Bape’s signature. Moreover, the kicks brought in a huge colorful variety that Nike didn’t offer back in the early 2000s. And well, it was doing such a great job that celebrities left and right were recurrent customers. You see, it was the first brand to collab with Kanye West on kicks pre-Yeezy! Mind you, the pair cost $200 in retail when the actual AF1s were worth $90. Says a lot about how hype works, right?

Why Wasn’t There a Nike Bape Lawsuit Before?

The 2000s was an interesting era. From the rise of the internet in households to queues at sneaker stores, sneaker news weren’t as easily accessible as they are today. However, some rumors were going underground about a settlement that went on between Nike and Bape. And that turned out to be true according to Nike’s lawyers in the Nike Bape lawsuit.

In a statement, they said that Nike didn’t sue before because Bape’s sales in the US were sporadic. And in 2009, Nike met with Bape and struck a deal in which Nike doesn’t sue Bape as long as they keep their business in the US scarce. And according to the Swoosh, “Bape significantly and materially diminished its US activities following the meeting”. After all, the US is Nike’s biggest market for sportswear and sneakers.

So, What Triggered the Legal Action?

As we already mentioned, Bape avoided legal action by diminishing its activity in the US. However, since 2021, Bape increased its work there, and even dropped new silhouettes that look eerily like Nike products. So we got the classic Bape Sta that looks like the Air Force 1. We also have the Sk8 Sta that looks like the Nike Dunk. Finally, the Court Sta and Court Sta Hi look like the Air Jordan 1 Low and High respectively!

What Do We Think About the Nike Bape Lawsuit?

It’s all fair game when there’s a basis for the complaint. The only question that everyone raised and still raises today was “why wait till now?” Bape got away with the rip-offs for a long time and already has a huge following. And if we’re real, nobody who knows their sneakers would mistake this for that. So whether or not the lawsuit is worth it remains to be seen. And who knows? The two brands might end up reaching some sort of agreement! After all, business works in mysterious ways.