Nike has persuaded a federal judge to deny Louisiana-based soccer apparel company Total90 LLC an injunction that would have stopped Nike from a “marketing blitz” using the term “Total 90.”
Total90 sued Nike last year, arguing that it owns the trademark for “Total90” and that Nike is infringing by using Total 90.
Nike has a long history with the term Total 90; the company has sold a soccer shoe line under that name for more than a quarter-century. Some of soccer’s biggest stars—including Cristiano Ronaldo, Wayne Rooney, Ronaldinho, Luís Figo, Edgar Davids, Thierry Henry and Wesley Sneijder—have promoted Total 90 on behalf of Nike, and Nike has featured the line in FIFA and FC soccer video game franchises.
Nike previously held a registered trademark for Total 90, but the registration expired in 2019; Nike says it allowed the registration to lapse since it didn’t impact its priority of use. Total90, the Louisiana-based soccer apparel company, says the move is better understood as Nike abandoning the mark. The U.S. Patent and Trademark Office registered the Total90 mark to Total90 in 2024.
Nike claims that Total90 has behaved as an extortionist, allegedly demanding as much as $2.85 million from Nike for the trademark registration or else it would sue. Nike has also countersued Total90, arguing its trademark rights to Total 90 trump that of Total90.
