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Nike’s Trademark Suit Against Chinese Shipping Firms Can Proceed

Oct. 1, 2021, 5:55 PM

Nike Inc. failed to demonstrate that Chinese shipping companies committed trademark infringement by arranging for the transport of counterfeit shoes, the U.S. District Court for the Southern District of New York said.

Shine Shipping Ltd. and Shine International Transportation Limited couldn’t be strictly liable under the Lanham Act because they had no intention of selling, distributing, or advertising the counterfeit goods and didn’t use Nike’s mark in connection with sales or advertising, Judge M. Furman said Thursday in a decision denying Nike summary judgment.

The foreign companies don’t operate the carriers that ship the goods. They arrange for transport. As ...