Nike Defeats Preliminary Bid in Total 90 Trademark Suit

A federal district judge in Louisiana denied a request for a preliminary injunction against Nike in a trademark dispute over the "Total 90" branding for soccer products. The ruling allows Nike to continue selling goods under the name while litigation proceeds.

The plaintiff, Total90 LLC, a Louisiana-based company, owns a trademark registration for the mark and alleges that Nike's revived use of the branding infringes its rights. Nike previously held a U.S. registration for Total 90 that expired in 2019 but maintains that its long-standing use of the mark supports its position.

The court found that the plaintiff failed to demonstrate a likelihood of success on the merits or irreparable harm sufficient to justify the injunction. The decision emphasizes that trademark priority in the United States is based on use rather than registration alone.

The case continues in federal court, with both parties presenting arguments regarding senior use and potential consumer confusion in the soccer apparel market.

Sources: https://news.bloomberglaw.com/ip-law/nike-defeats-bid-to-ban-total-90-name-in-soccer-trademark-suit https://www.sportico.com/law/analysis/2025/nike-total90-trademark-decision-1234878043/