Law.com Article: Nike Riding a Wave of Trademark Infringement, Filmmaker’s Suit Says

Yes , if true this is not on.

Bruce Brown Films, the company that merchandises “The Endless Summer,” is accusing Nike and Footlocker of trading on the title and the movie poster from Brown’s classic 1966 documentary.

For a person of a certain age from a certain region, there are few things in life more soothing than the opening bars of the theme from “The Endless Summer.” That 1966 documentary introduced much of the world to hang-loose surf culture as it followed two surfers on a happy-go-lucky, around-the-world search for the perfect wave, making friends along the way in Hawaii, Australia, Ghana and elsewhere.

But maintaining the IP rights surrounding the film appears to be hard-nosed work, judging from a suit filed Tuesday in the Central District of California. Bruce Brown Films LLC accuses Foot Locker and Nike of having “traded off the good will associated with ‘The Endless Summer’” via marketing campaigns that borrow the film’s name and elements from its movie poster.

The film company’s attorney, Bahram Niknia of Century City’s Niknia Law Firm, accuses the apparel companies of trying to “confuse and deceive the public,” and is therefore seeking the companies’ profits, treble damages, costs and attorney fees.

According to the complaint, Bruce Brown has been dubbed “the [Ingmar] Bergman of the [surf]boards” by Time magazine. He coined the title of the film, which refers to the idea that a person could surf year-round if they were to follow the summer season around the world. Surfer Magazine calls “The Endless Summer” “the greatest surf film ever made,” according to the complaint.

Though the film was produced on a shoestring budget, merchandising it has become a substantial business. Brown has registered ”The Endless Summer” mark for T-shirts, mugs, sweatshirts, towels, pillow cases, toys, surfboards, skateboards, cruise ship services and, yes, footwear and sporting goods.

Read more at. https://www.law.com/therecorder/2020/03/18/nike-riding-a-wave-of-trademark-infringement-filmmakers-suit-says/