By Andrew Harris
Oct. 16 (Bloomberg) -- Wal-Mart Stores Inc., the world's biggest retailer, was sued by Nike Inc. for allegedly selling footwear that infringes one of the sportswear-maker's patented designs.
Nike, the world's largest athletic shoemaker, claimed in a complaint filed in federal court in Chicago that the Wal-Mart shoe copies its own Shox line that features exposed piston-like cylinders in the heel.
``Without Nike's authorization, Wal-Mart has offered for sale and sold in the United States shoes having designs that are covered by the Nike design patents,'' according to the complaint filed Oct. 13.
In August, Bentonville, Arkansas-based Wal-Mart settled for undisclosed terms a patent-infringement lawsuit brought by Adidas AG over a shoe design. Herzogenaurach, Germany-based Adidas, the second-largest athletic shoemaker, claimed in a suit filed in 2005 in federal court in Oregon that Wal-Mart footwear infringed its trademarked triple-stripe pattern.
Wal-Mart spokesman Greg Rossiter said yesterday that the company was served with the Nike complaint. He declined to comment further.
Nike, based in Beaverton, Oregon, seeks a court order barring Wal-Mart from selling items that infringe two of its patents, plus unspecified money damages.
Nike's Shox line features four to five cylinders in the heels of its shoes, according to illustrations contained in the complaint. Wal-Mart's shoes have five cylinders, according to the complaint.
The case is Nike Inc. v. Wal-Mart, 08cv5840, U.S. District Court, Northern District of Illinois, Eastern Division (Chicago).
To contact the reporter on this story: Andrew Harris at the federal court in Chicago at aharris16@bloomberg.net.
Last Updated: October 16, 2008 00:01 EDT
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