Earlier this week a preliminary injunction order was filed against counterfeiter Warren Lotas. Lotas faces accusations of selling and profiting off of “illegal fakes” of the Nike Dunk Low. He and other “officers, agents, employees, attorneys, and all persons who are in active concert or participation” have been barred from fulfilling any pre-orders that were placed in the past few months by Judge Mark Scarsi. Lotas has also been barred from “promoting, offering to sell, selling, and/or taking additional pre-orders” to prevent marketplace confusion.
Following Judge Scarsi’s ruling a spokesperson from Nike issued this statement: “Nike is pleased with the preliminary injunction order issued. Nike filed this lawsuit to defend and protect its intellectual property and clear up confusion in the marketplace between legitimate customizations and unlawful fakes. By prohibiting the sale of the fake Nike Dunks, yesterday’s order is an important step towards achieving that goal.”
Even though Lotas has been cooperating with the preliminary injunction, it is still the opinion of the court that Lotas “has the potential to profit off of the likely infringing conduct” via replacing initial pre-orders with the Reaper, alongside his agenda to send out a “commemorative lawsuit shirt, pencil, and bumper sticker.”
The courts however denied a clause pushed forward by Nike that would have Lotas holding all the money gained via pre-orders put in escrow that would later refund the customers.
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