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23 March 2026

DLA Piper wins jury verdict for Nike in federal counterfeiting and trade dress infringement case

DLA Piper secured a significant win for Nike, Inc., where a federal jury awarded US$11M total for Nike’s enforcement of the Dunk trade dress and against the global sale of counterfeit Nike goods promoted through social media and influencer networks.

An eight-person jury in the US District Court for the Central District of California found social media influencer Nicholas Tuinenberg and apparel company Divide The Youth liable for US$11 million in damages for counterfeiting and infringing multiple iconic Nike trademarks, including the Nike and Air Jordan word marks, the Swoosh and Jumpman design marks, and Nike’s Dunk trade dress. The jury, who also found Defendant Divide The Youth liable for infringement of the registered Dunk trade dress, awarded Nike US$8 million in Lanham Act statutory damages and US$3 million in punitive damages.

“The verdict is an important step in iconic brands’ global fight against counterfeiting and confirms that Nike’s Dunk trade dress is infringed even with third party marks replacing the Swoosh,” said Tamar Duvdevani, US Chair of the firm’s Trademark, Copyright, and Media practice.

The DLA Piper team was led by Duvdevani (New York) and included Partners Staci Trager (Los Angeles) and Marc Miller (New York), and Associates Oscar Orozco-Botello (Los Angeles), Jared Greenfield, Maegan Stanley, and Lucas Uhm (all New York).