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

National groups for the UK and the Netherlands have flagged concerns with the choice of venue, following a formal complaint from Australia’s national group
Rasenberger is the CEO at the Authors Guild in the US
Vold-Burgess is the client director at Acapo Onsagers and the former CEO at Acapo in Norway
Williams is the CEO of the UKIPO in the UK
Orliuk is director of the Ukrainian IP office
Julie is chief IP counsel at Teva in the US
Ludlam is chief IP and litigation officer at Lenovo, while Maharaj is chief licensing officer for Ericsson in the US
Campinos is the president of the EPO in Munich
AlSwailem is the CEO of Saudi Authority for Intellectual Property in Saudi Arabia
Ridings, Orozco and Diego-Fernández Andrade are appeal arbitrators at the WTO in Switzerland
Gift this article