An influencer swapped the Swoosh for his logo — a jury said that's still counterfeiting

Nicholas Tuinenburg ran Divide The Youth (DTY), an influencer-driven sneaker brand built on 'Division Dunks' — shoes replicating the exact silhouette of Nike's Dunk while swapping the Swoosh for DTY's own logo and a star design. He marketed them through his own social following and a network of affiliate sellers, and by his own account sold roughly 384 pairs for about $56,000 in profit.

Nike sued in December 2023 in the Central District of California (case 2:23-cv-10495), arguing that removing its logo did not remove its liability: the Dunk's overall shape, proportions and design details are themselves protected trade dress, separate from the Swoosh trademark. Nike also alleged infringement of the Jumpman logo and the Nike and Air Jordan names used in DTY's marketing.

On 23 March 2026, an eight-person jury found Tuinenburg and Divide The Youth liable for counterfeiting, trademark infringement and trade dress infringement, awarding Nike $8 million in statutory damages under the Lanham Act plus roughly $3 million in punitive damages — $11 million total against a business that had made $56,000.

Nike's attorneys framed the verdict as a warning to the wider sneaker-customization and lookalike economy: 'if you remove the Swoosh,' trade dress infringement can still occur. Trademark lawyers called it confirmation that a brand cannot dodge liability for a Nike silhouette simply by putting its own logo where the Swoosh used to be.