Shoe Surgeon Says Nike’s ‘Deleterious Lies’ and Trademark Accusations Hurt His Business
The Shoe Surgeon has clapped back at Nike and the lawsuit the sportswear giant filed against him earlier this year.
Nike sued the The Shoe Surgeon in July and claimed the shoe customizer attempted “to build an entire multifaceted retail empire” using Nike’s trademark rights by creating and selling counterfeit Nike shoes, and selling classes that teach consumers how to make their own fake Nike shoes. In a Monday response to the lawsuit, The Shoe Surgeon denied Nike’s claims, describing them as “false allegations” and “deleterious lies” as part of a general “smear campaign.”
The Los-Angeles, Calif.-based Shoe Surgeon is a custom shoe-making business known for its products that blend various brand elements into one design. For example, the company might take a well-known Nike or Birkenstock silhouette and combine it with materials and identifying marks from brands like Louis Vuitton, Lanvin and Gucci.
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“The Shoe Surgeon never makes and has never made a Nike shoe from scratch, as in from only raw materials or even a non-Nike shoe, but instead always starts with authentic Nike shoes — already bought from Nike — then customizes them,” the response from The Shoe Surgeon read. “The same is true for what The Shoe Surgeon has taught students who have taken part in its classes: The Shoe Surgeon never teaches and has never taught making a Nike shoe from anything other than a Nike shoe.”
Nike noted in the initial lawsuit that it had worked with The Shoe Surgeon on a few one-off commission projects. The Shoe Surgeon pointed out in his response that Nike continued to request projects from his company even after it sent a letter in August 2023 that detailed concerns about his work. For example, Nike commissioned The Shoe Surgeon to create a custom pair of Jordan 4s for Usher to wear at the 2024 Super Bowl, the filing said.
The Shoe Surgeon also said Nike’s statement to the media after it filed its initial complaint had a negative effect on his business.
“Those false statements were written maliciously and calculated to prevent others — individuals or businesses — from dealing with The Shoe Surgeon,” the response read. “Nike’s deleterious lies had that intended result, with members of the public expressing shock and dismay that The Shoe Surgeon makes fakes, and multiple business partners cutting ties.”
In July, Nike told FN that it tried to resolve the issues with Shoe Surgeon multiple times over the last two years before it eventually took legal action.
“To safeguard our brand and IP, and aligned with Nike’s commitment to protect the consumer from counterfeit Nike product, we are left with no choice but to seek a legal solution to address how the Shoe Surgeon is constructing counterfeit ‘Nike’ footwear from scratch and selling it as officially branded product,” Nike said in a July statement. “Further, the Shoe Surgeon is teaching others to create counterfeit ‘Nike’ sneakers. These activities are illegal, deceive consumers and create confusion in the marketplace around source, authenticity and quality of Nike products.”
FN reached out to Nike for a follow-up statement and to The Shoe Surgeon for comment.
Nike was the second brand to take legal action against Shoe Surgeon in the span of a few weeks. In June, French fashion label Goyard said in a lawsuit that The Shoe Surgeon used designs that were identical, indistinguishable from, or confusingly similar to Goyard’s protected designs without the brand’s consent. The designs in question were featured on lighters and shoes sold by The Shoe Surgeon. Nike referenced this lawsuit in its recent filing and said that the infringing Goyard products included fake Nike shoes that also featured Goyard’s protected trademarks and trade dress.
Nike previously sued several sneaker customizers for trademark infringement and selling counterfeit shoes. In 2021, Nike filed a trademark infringement lawsuit against MSCHF, the company that created and sold a number of “Satan Shoes” in collaboration with Lil Nas X in March. The sneakers were based off the Nike Air Max 97 and ultimately recalled by MSCHF after a settlement agreement was reached that same year.
