Last May 26, the District Court of Hamburg issued a preliminary injunction against Nike, asking the brand to withdraw four styles of Flyknit shoes from the market because they carry a series of distinctive chevrons in the back of the ankle that look very similar to those of Hummel's so-called Vinkeln trademark.
Hummel says it had sent a letter to Nike on April 29, informing its management that those models, which had just been launched on the German market, were in violation of its intellectual property rights. The styles are the Free Mercurial Superfly, the Free Flyknit Mercurial, the Free Train Force Flyknit and the Footscape Magista Flyknit.
As the Swoosh replied that its chevrons were not like those of Hummel, the Danish company went to the Hamburg court, which issued the injunction. As Nike opposed the injunction, Hummel warned its retail clients about the possible confusion in consumers' minds.
Noting that Hummel has been using the Vinkeln trademark since its birth in Hamburg in 1923, and that it has registered the trademark in numerous classes worldwide, Søren Schriver, Hummel's longtime chief executive, says his company settled more than 30 cases of infringement of the Vinkeln in the last 12 months.
He was expecting a similar settlement with Nike. Instead, the sneaker giant counter-attacked by launching a lawsuit against Hummel in a federal district court in Massachusetts, seeking damages and reimbursement of attorney's fees. The suit says that Hummel's Rapid x-Blade LTD Edition football boot violates Nike's U.S. patent 8,356,428 for a flexible reinforcing plate, while Hummel's Hero baselayer products infringe on its U.S. patent 8,133,824 for dimensionalized mesh.
Hummel says it believes, after a thorough examination, that the allegations and claims are not justified, but will not comment on this in public. The Danish company has a relatively small position in the U.S. market.
As Nike has also attacked Hummel about some other patents in Europe, Hummel filed an action for declaratory judgment with the District Court of Frankfurt on July 25, asking it to confirm that it does not infringe upon Nike's European Patents EP 2 490 562 B1 and EP 2 280 620 B1, both relating to football cleats, EP 2 362 739 B1, relating to sports bras, and European Community Design Registration 002674473-0020, which relates to sneakers.
Hummel is selling more than two million pairs of sneakers every year in the medium and high price levels, representing about 30 percent of its total turnover. In 2015, its direct sales increased to 845 million Danish kroner (€113.6-$128.3m) from DKK 693 million, while those of its licensees rose to about $100 million from $80 million.
This year the growth has continued so far. The Danish company is also very profitable. Its operating earnings increased to DKK 112.2 million (€15.1-$17.0m) in 2015 from DKK72.6 million the prior year.
