ELVH, Inc. v. Nike, Inc.

ELVH v Nike First Amended Complaint


This amended complaint adds The Finish Line shoe store as a defendant.

Original Case Summary:

Recently, Van Halen and his company ELVH entered into a license agreement with a New Jersey company to incorporate Van Halen's signature copyrighted Frankenstein guitar design into a line of shoes. That line was subsequently released. Shortly thereafter, Van Halen sued Nike claiming that a line of Nike Dunk Low shoes with a red, black, and white color scheme is similar to the Frankenstein shoe design and thus infringes his copyright.

It may be disputed whether Nike's shoes are actually sufficiently similar to the Van Halen line as to sustain a claim for infringement. Early picture evidence doesn't look promising for the Van Halen camp.

Interestingly, in the claims for relief, Van Halen requests "the impoundment and destruction of all footwear.

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Reference Info:Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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