In a landmark case that has likely been years in the making, Nike has initiated a lawsuit against Dominic Ciambrone, better known as The Shoe Surgeon, for over $60 million. Additionally, Nike is asking that The Shoe Surgeon cease all sales and creation of products that infringe on more than 30 of Nike’s trademarks.
Renowned for his bespoke sneaker creations and customizations, The Shoe Surgeon has collaborated with Nike and other major brands in the past. The lawsuit also targets his Surgeon Academy, an educational platform teaching customers how to create custom footwear from scratch. News of this lawsuit was first reported on by Sneaker Legal.
Nike’s complaint paints a picture of systematic and blatant infringement. According to the lawsuit, Nike asserts, "Today, Defendants are brazenly conducting and enriching themselves as if they have the unfettered right to use Nike’s trademarks and trade dress." The brand accuses Ciambrone of modifying and selling large quantities of Nike-branded products without authorization. "They enter into Nike-focused collaborations with other rightsholders using Nike’s intellectual property," the lawsuit continues.
The accusations extend beyond unauthorized modifications. Nike claims that The Shoe Surgeon inks digital rights agreements based on Nike trademarks and sells ‘shoe-making’ kits containing materials and instructions to create bootleg versions of iconic Nike silhouettes. "They advertise and sell ‘shoe-making’ kits that contain materials and instructions to make bootleg versions of Nike’s iconic Air Jordan 1, Air Force 1, Air Jordan 3, and Air Jordan 4 silhouettes," Nike details.
One of the more egregious claims involves The Shoe Surgeon teaching the public how to create “fake” sneakers. "Defendants even teach the public how to create brand new fake ‘Nike’-branded shoes from scratch—down to cutting and sewing fake ‘Swooshes’—through downloadable classes that cost hundreds of dollars, and in-person seminars held in this jurisdiction that cost thousands of dollars to attend," Nike states. The lawsuit underscores that Ciambrone is no longer a "humble self-taught cobbler.”
Nike's lawsuit accuses Ciambrone of establishing an "illicit 'Nike' empire" through unauthorized products and in-person classes teaching bespoke customizations of iconic Nike silhouettes like the Jordan 1, Dunks, and Air Force 1s. These products and classes, which cost thousands of dollars, have never been authorized by Nike.
Image via Complex
Historically, Nike has engaged The Shoe Surgeon for specific, authorized custom projects. In 2017, Ciambrone created a limited run of 36 custom pairs of Jordan 13s, and in 2018, he designed a one-of-one custom pair of Nike LeBron 15s to commemorate LeBron James reaching 30,000 career points. More recently, in 2023, Ciambrone crafted a custom LeBron 20 to celebrate James surpassing Kareem Abdul-Jabbar as the NBA’s all-time leading scorer.
Nike claims that Ciambrone has leveraged these collaborations to give an aura of authenticity to his unauthorized activities. Despite multiple cease-and-desist orders, Nike alleges that The Shoe Surgeon has continued his infringing activities, often appearing to comply temporarily before resuming sales through alternate channels.
This isn’t the only instance where Ciambrone has had legal troubles, as luxury brand Goyard is suing The Shoe Surgeon over similar trademark and trade dress issues. Additionally, the lawsuit points to unauthorized collaborations between The Shoe Surgeon and other brands, such as Ruffles, Twix, eBay, the Miami Heat, and Wingstop, involving custom Nike products that allegedly infringed on Nike’s trademarks and trade dress. More recently, The Shoe Surgeon created a custom Travis Scott x Air Jordan 1 boxing boot for Nate Diaz and custom pairs for Jake Paul.
In this case, Nike seeks substantial damages, accusing The Shoe Surgeon of willfully counterfeiting over 30 Nike trademarks. The company estimates the damages to be over $60 million and is pursuing three times the damages plus legal fees, potentially pushing the total to nearly $200 million.
The outcome of this lawsuit could have significant implications for sneaker customization and intellectual property rights within the sneaker and fashion industries. We'll keep you posted as this case unfolds.
UPDATE: Days after getting sued by Nike, The Shoe Surgeon has issued a statement regarding the lawsuit
Sneakerhead from South Florida who turned his passion into a career. Concerts, music, trying new restaurants, and catching the latest movies are some of the things I enjoy when not writing for Sole Retriever. Email: nick@soleretriever.com
