Nets and Nike Sued by Coogi (City Edition Jerseys)

[MrDollarBills]

Brooklyn Nets, Nike, and New Era Sued Over Biggie Tribute Jerseys

Coogi has accused the Brooklyn Nets of swagger jacking.

TMZ reports the Australian fashion brand is suing the team over the "Brooklyn Camo" uniforms, the 2018-19 City Edition alternatives that paid tribute to the Notorious B.I.G.

Though it was a nice sentiment, Coogi claims the Nets did not receive proper authorization to use their pattern and is now taking legal action against the team, as well as the NBA, Nike, New Era, and Russell Brands.

"While other colorful and ornamental sweaters have and continue to exist, the highly distinctive and ornamental designs of COOGI sweaters and apparel have become exceedingly famous," Coogi said in the lawsuit.

According to TMZ, the fashion company is suing for damages and is demanding the franchise to stop selling the Brooklyn Camo gear, which includes T-shirts, hoodies, beanies, keychains, slides, and backpacks.

Interesting case here, I'm assuming the legal departments of Nets/Nike/NBA signed off on this jersey before going to market with it, meaning that they found that the designs of the city edition jerseys didn't infringe on Coogi's design copyrights.

Just my two cents but unless Coogi can prove that the design on the city edition stuff literally rips off one of their existing sweater patterns, I don't think they have a case here. I'm also assuming that the Nets copyrighted the "Brooklyn Camo" print design well before these jerseys were made public.

It would suck if the Nets have to stop wearing these jerseys.

[NetsJets]

I thought they squared away all the legalities smh.

[Paradise]

I’m actually pretty offended that Coogi has the NERVE to sue over a color scheme...that they used to exploit Biggie Smalls and Hip Hop for nearly the past 30 years.

[MrDollarBills]

I'm taking a shot in the dark here but I don't believe that they have a claim unless they have a sweater or clothing design that matches -that exact- color pattern to the point where the city jerseys looks like a derivative of it.

I mean I could be wrong, my experience w/ copyright law only extends to music and literary works and not clothing designs, but the Nets/NBA/Nike are a multi million/billion dollar operations, that would be extremely sloppy on the side of their legal teams to sign off on these jerseys if they knew they could be held liable.

[SpeedyG]

I'm taking a shot in the dark here but I don't believe that they have a claim unless they have a sweater or clothing design that matches -that exact- color pattern to the point where the city jerseys looks like a derivative of it.

I mean I could be wrong, my experience w/ copyright law only extends to music and literary works and not clothing designs, but the Nets/NBA/Nike are a multi million/billion dollar operations, that would be extremely sloppy on the side of their legal teams to sign off on these jerseys if they knew they could be held liable.

There is no difference as far as the law is concerned. That's the tricky part. I'm not too familiar with Coogi products so I don't know how closely similar the Nets city edition is to theirs.

As far as I know, Nets official marketing team hasn't used "Coogie" but Biggie or Camo as the description for the city editions.

They've never claimed this to be Coogie.

Furthermore, the Nets can actually claim that if anything, the City Editions have actually made the Coogie brand more relevant because of the City Editions.



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[SpeedyG]

I'm taking a shot in the dark here but I don't believe that they have a claim unless they have a sweater or clothing design that matches -that exact- color pattern to the point where the city jerseys looks like a derivative of it.

I mean I could be wrong, my experience w/ copyright law only extends to music and literary works and not clothing designs, but the Nets/NBA/Nike are a multi million/billion dollar operations, that would be extremely sloppy on the side of their legal teams to sign off on these jerseys if they knew they could be held liable.

There is no difference as far as the law is concerned. That's the tricky part. I'm not too familiar with Coogi products so I don't know how closely similar the Nets city edition is to theirs.

As far as I know, Nets official marketing team hasn't used "Coogie" but Biggie or Camo as the description for the city editions.

They've never claimed this to be Coogie.

Furthermore, the Nets can actually claim that if anything, the City Editions have actually made the Coogie brand more relevant because of the City Editions.

Edit: Btw, this is trademark were talking about...not copyright.



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Sent from my SM-G925T using RealGM mobile app

[MrDollarBills]

I'm taking a shot in the dark here but I don't believe that they have a claim unless they have a sweater or clothing design that matches -that exact- color pattern to the point where the city jerseys looks like a derivative of it.

I mean I could be wrong, my experience w/ copyright law only extends to music and literary works and not clothing designs, but the Nets/NBA/Nike are a multi million/billion dollar operations, that would be extremely sloppy on the side of their legal teams to sign off on these jerseys if they knew they could be held liable.

There is no difference as far as the law is concerned. That's the tricky part. I'm not too familiar with Coogi products so I don't know how closely similar the Nets city edition is to theirs.

As far as I know, Nets official marketing team hasn't used "Coogie" but Biggie or Camo as the description for the city editions.

They've never claimed this to be Coogie.

Furthermore, the Nets can actually claim that if anything, the City Editions have actually made the Coogie brand more relevant because of the City Editions.



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here are some examples:















ahem.

now comparing those to this:



The Nets "Brooklyn Camo" design is clearly different from the sweater patterns.

The Nets have officially marketed this stuff as "City Edition" jerseys and the pattern as "Brooklyn Camo".

I mean we know that the jerseys are inspired by Biggie Smalls who used to wear Coogi sweaters. But I don't think that's the same as ripping off their design...but I guess a copyright lawyer would know just how far this can go than me *shrugs* it would suck if these jerseys get shut down, they're literally the best jerseys in the NBA right now

[SpeedyG]

Reading the quote from the other site on what Coogie said, would imagine Nets will win this one.

No one...no one...is possibly confusing these Nike jerseys as Coogies (first and typical argument of trademark infringement), especially with the big (and universally) recognizable Nike check mark.

Another aspect, as I mentioned, is that not only should there be reasonable confusion, but also for that product confusion to do harm to their product.

Not a real lawyer, but have done some research/paper on intellectual property rights at a masteral level.

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[Paradise]

We’re wearing them tonight.

[MrDollarBills]

Reading the quote from the other site on what Coogie said, would imagine Nets will win this one.

No one...no one...is possibly confusing these Nike jerseys as Coogies (first and typical argument of trademark infringement), especially with the big (and universally) recognizable Nike check mark.

Another aspect, as I mentioned, is that not only should there be reasonable confusion, but also for that product confusion to do harm to their product.

Not a real lawyer, but have done some research/paper on intellectual property rights at a masteral level.

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Exactly...

the patterns aren't even similar when you really look at it too.

[Mauro Pedrosa]

Attention-grab & Cash-grab

[regGQ]

so we not gonna act like even though the Nets never used “coogi” to describe it, damn near everyone else on the internet/streets/tv wasn’t saying Coogi jerseys?

[MrDollarBills]

so we not gonna act like even though the Nets never used “coogi” to describe it, damn near everyone else on the internet/streets/tv wasn’t saying Coogi jerseys?

They never used coogi to describe their jerseys. I dare you to find anything official from the Nets regarding these jerseys with the word "Coogi" in it. You won't.

The Nets never marketed the jerseys as Coogi, they have been always called "City Edition" jerseys and the design has been called "Brooklyn Camo".

Just because people on the streets call them coogi jerseys doesn't mean the team is stupid enough to call them that.

[regGQ]

so we not gonna act like even though the Nets never used “coogi” to describe it, damn near everyone else on the internet/streets/tv wasn’t saying Coogi jerseys?

They never used coogi to describe their jerseys. I dare you to find anything official from the Nets regarding these jerseys with the word "Coogi" in it. You won't.

The Nets never marketed the jerseys as Coogi, they have been always called "City Edition" jerseys and the design has been called "Brooklyn Camo".

Just because people on the streets call them coogi jerseys doesn't mean the team is stupid enough to call them that.

zero marks for reading comprehension

[BadWolf]

that sweater costs 600 $? ugh...

[MrDollarBills]

so we not gonna act like even though the Nets never used “coogi” to describe it, damn near everyone else on the internet/streets/tv wasn’t saying Coogi jerseys?

They never used coogi to describe their jerseys. I dare you to find anything official from the Nets regarding these jerseys with the word "Coogi" in it. You won't.

The Nets never marketed the jerseys as Coogi, they have been always called "City Edition" jerseys and the design has been called "Brooklyn Camo".

Just because people on the streets call them coogi jerseys doesn't mean the team is stupid enough to call them that.

zero marks for reading comprehension

sorry, your grammar was so garbage that I ended up misreading your sentence. Either way, your point is still stupid.

[regGQ]

They never used coogi to describe their jerseys. I dare you to find anything official from the Nets regarding these jerseys with the word "Coogi" in it. You won't.

The Nets never marketed the jerseys as Coogi, they have been always called "City Edition" jerseys and the design has been called "Brooklyn Camo".

Just because people on the streets call them coogi jerseys doesn't mean the team is stupid enough to call them that.

zero marks for reading comprehension

sorry, your grammar was so garbage that I ended up misreading your sentence. Either way, your point is still stupid.

i’ve already spent too much time in the Nets sub, but a quick google search will let you know the law as it pertains to copyrighted designs. The Nets need to be able to demonstrate that 80% of the design is original, the homerism shouldn’t trump the lack of common sense ITT that it’s **** plain as day what the Nets were trying to do.

ps. smd hoe

off. Don't come back.

- Rich Rane

[halfHAVOC]

I rarely get time to post anymore, but just to throw in because I'm finishing up law school now and deal with intellectual property cases for my clinic, It's an interesting case but I doubt coogi can win on this. Depends if that design coogi made is still protected in America and the Net's design might be just different enough. Copyrighting an entire field of patterns would seem difficult. I'd love to see the actual complaint on this matter and read the specifics Coogi is arguing. Think about it like - Instagram copied Snapchat's stories feature but made it just different enough to avoid a lawsuit.

[MrDollarBills]

I rarely get time to post anymore, but just to throw in because I'm finishing up law school now and deal with intellectual property cases for my clinic, It's an interesting case but I doubt coogi can win on this. Depends if that design coogi made is still protected in America and the Net's design might be just different enough. Copyrighting an entire field of patterns would seem difficult. I'd love to see the actual complaint on this matter and read the specifics Coogi is arguing. Think about it like - Instagram copied Snapchat's stories feature but made it just different enough to avoid a lawsuit.

Thanks for chiming in. That's what I was thinking...I don't think that the Nets design directly infringes on their patterns, you can clearly see the differences.