Nike sued BAPE over Bapesta — and BAPE had to kill its iconic sneaker

BAPE (A Bathing Ape), founded by Nigo in 1993, built its global identity partly on the Bapesta — a sneaker whose silhouette closely mirrored Nike's Air Force 1, with BAPE's star logo replacing the Swoosh. For two decades, the Bapesta existed in a gray zone between homage and infringement, protected by BAPE's status as a cult streetwear brand rather than a mass-market competitor.

In January 2023, Nike filed a trademark infringement lawsuit against BAPE's parent company USAPE LLC in the U.S. District Court for the Southern District of New York (Case 1:23-cv-00660). Nike alleged that BAPE's Bapesta Mid and Court Line sneakers infringed the trade dress of the Air Force 1, Air Max 95, and Dunk — designs Nike had protected with registered trade dress. Nike argued that BAPE had escalated its infringement, increasing the volume and availability of the contested models.

BAPE fought back with a May 2023 motion to dismiss, arguing Nike had failed to identify the specific elements of its trade dress. Judge Paul Gardephe denied the motion. BAPE then filed a counterclaim alleging Nike had engaged in naked licensing — granting third parties permission to use its trade dress without quality control, thereby abandoning its own trademark rights. The counterclaim sought cancellation of Nike's Air Force 1, Air Jordan 1, and Dunk registrations.

On April 29, 2024, the two sides settled. In a joint stipulation filed with the court, Nike stated that BAPE had agreed to discontinue sale of some of the contested sneakers and redesign others. Each party paid its own costs and attorneys' fees. The settlement forced BAPE to retire or rework the product most associated with its name.