Bruce Brown Films, LLC, producer of the 1966 classic surfer film Endless Summer has sued Nike and assorted others for Federal Trademark Infringement, Federal Unfair Competition, Federal Trademark Dilution, Common Law Trademark for using the term Endless Summer in a marketing campaign.
The Nike display certainly uses the phrase “endless summer” but is not as a brand for its shoes. It is difficult to believe that anyone seeing the display believes that the shoes are somehow connected to the 1966 movie.
Nike did not do itself any favors by selecting artwork “inspired” buy the movie poster:
However while someone might confuse the source of Nike’s artwork, would someone really going to confuse the source of Nike’s shoes?
Bruce Brown Films, LLC holds a trademark registration on ENDLESS SUMMER for athletic shoes:
But Nike’s use of endless summer is to evoke a common feeling, not identify the source of Nike shoes. it will be interesting to see how the case develops.