Patent fight over knitted trainers could set trend in sportswear

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Patent fight over knitted trainers could set trend in sportswear

Yesterday an injunction against adidas over trainers that use a knitted upper was lifted in Germany. The dispute, brought by Nike, could start a series of patent cases in the sportswear industry

The Nike European patent concerns a shoe with a meltable polymer material used in its knitted upper. The technology is used in the Nike Flyknit shoe, melting the knitted yarn together to add reinforcement to the knitted construction, which makes it seamless and very light.

Adidas adizero primeknit upper

The adiZero Primeknit shoe, which was the subject of the suit, was launched later but had been in production for three years, according to adidas. Pictured is the one-piece upper of the shoe.

The Nuremberg district court lifted an ex parte injunction won by Nike on September 24. Adidas had succeeded in stopping the enforcement of the injunction on October 10.

The case is unusual because sportswear companies are rarely involved in patent suits, despite often owning hundreds of patents over their products.

"That is changing now, as the market becomes more driven by technologies such as this, rather than straight design," comments a lawyer close to the case. "Sportswear increasingly uses advanced materials, chemical compounds and technology built into the products."

It is likened to the automobile industry in Germany, which is rarely the subject of patent cases. Most disputes are settled, end in cross-licensing or "the infringement is merely tolerated",says the lawyer.

Bardehle Pagenberg is representing adidas in the case and Wragge & Co and Prinz & Partner are representing Nike.

more from across site and SHARED ros bottom lb

More from across our site

Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
Gift this article