Yesterday Warren Lotas and his legal team filed a motion with the Court to reconsider or modify the Courts Nov. 18 injunction ruling. The motion asks the Court to allow Lotas to sell his replacement sneaker, the Reaper, and provide that as a replacement to the orders that the Court has demanded they halt and not fulfill. In making this request Lotas released some initial numbers on the sales from the sneakers at issue in this lawsuit- the total was over $10 Million.
Nike has 7 days from the filing on December 1 to respond. I expect them to mimic the arguments they already made in opposition of the replacement shoe when they originally requested the preliminary injunction.
I don’t agree with the claims Lotas’ team made that “The Reaper is a radically different sneaker.” He did take off the swoosh but the rest of the shoe looks the same as the dunk, in my opinion. That being said, this kind of copying goes on 24/7/365 in the sneaker industry. So it will be interesting to see what the Court says and the reasoning they provide in response to Lotas arguments here on this order.