Forwarder Still Fighting Nike's Trademark Infringement Allegations in Court

A freight forwarder locked in a legal battle with Nike continues to fight despite a July 2018 court ruling that found it liable for trademark infringement (see 1807200026). City Ocean Logistics is “exhausting all possible means of overturning” the New Jersey U.S. District Court’s order, “including seeking ‘an interlocutory appeal … in the event that its motion for reconsideration is denied in whole or in part,’” Nike said in a brief filed Feb. 27. That court order had found City Ocean and a customs broker, Eastern Ports, liable for trademark infringement related to shipments of counterfeit Nike sneakers for which they arranged entry and transportation. The court said the arrangement of transportation and creation of documents related to the shipments constituted the “use in commerce” of the trademarks under the Lanham Act, ordering Eastern Ports to pay $240,000 in damages. Nike now seeks to file an amended complaint and conduct discovery on the amount of damages it should receive from City Ocean.