What’s Happening with Nike’s “Total 90” Brand?
Nike is now facing a federal trademark lawsuit after a third-party company, Total90 LLC, secured registration rights to the “TOTAL90” name (long associated with Nike’s iconic football line) and sued Nike for alleged infringement.
This lawsuit raises important questions about trademark maintenance, legacy IP, and how retro product revivals can trigger legal exposure.
Below, we break down the dispute in clear terms, what’s at stake, and what brands should learn from it.
What Is “Total 90,” and Why Does It Matter?
Nike’s Total 90 (or T90) line from the early 2000s is one of the brand’s most recognizable football/soccer collections. From professional athletes to streetwear fans, the line maintains strong nostalgic and commercial value.
Nike has recently tapped into that nostalgia with retro-inspired footwear and apparel; revivals that likely increased the visibility of the “Total 90” name in the market.
This matters because trademark rights hinge on active use and policing. If a mark isn’t maintained, renewed, or properly used, it can be vulnerable to cancellation or acquisition by third parties.
Did Nike Actually Lose the Trademark?
Short answer:
Nike no longer holds the active U.S. trademark registration for “TOTAL90,” according to current public USPTO ownership records.
Longer explanation:
The publicly available details indicate:
- The original Nike-owned registration appears to have lapsed or been cancelled (status documents are not yet fully reported in the media).
- A new registration for TOTAL90 (Reg. No. 97301502) is now held by Total90 LLC, a Louisiana-based entity.
- Soon after obtaining that registration, Total90 LLC filed Total90, LLC v. Nike, Inc., Case No. 2:25-cv-02325 (E.D. La.), alleging trademark infringement.
This sequence, lapsed trademark, opportunistic registration, lawsuit, is a textbook example of how “legacy brand” exposure happens when marks are left unprotected.
Why Is Nike Being Sued by total90 llc?
What the lawsuit likely claims (based on docket and typical Lanham Act filings):
- Trademark infringement under 15 U.S.C. §1114
- Unfair competition / false designation of origin under 15 U.S.C. §1125(a)
- Injunctive relief to stop Nike from using “Total 90”
- Damages or disgorgement of Nike’s profits
- Potential cancellation of earlier Nike marks if any still exist
Because Nike has reintroduced T90-style designs in retro drops and collaborations (e.g., lifestyle capsules), Total90 LLC is arguing that Nike’s use infringes the mark they now control.
Nike has not yet filed a public response.
Could Total90 LLC Really Own the Name of a Nike Legacy Brand?
Surprisingly, yes, legally it’s possible. Trademark law works on use and registration, not fame. Even famous brands can lose marks if they fail to:
- file ongoing declarations of use
- renew registrations
- keep marks in active commercial use
- prevent others from attempting to register similar marks
If Nike discontinued T90 products for long periods, or chose not to renew the mark, a lapse could occur, opening the door for a third party.
The Bigger Legal Issues Behind This Case
Most current articles answer what happened, few explain why it matters for trademark strategy. Here’s the deeper context other coverage misses:
1. Retro revivals create unexpected trademark risk
Brands reviving “heritage” products often assume the trademarks are protected indefinitely. Not true.
If the mark lapsed during years of inactivity, reintroducing it can unintentionally infringe a new registrant’s rights.
2. Trademark “squatting” isn’t just an international problem
While common in China or Brazil, this case shows that opportunistic U.S. registrations can also target dormant marks, especially nostalgic sports or fashion lines.
3. Abandonment is not a formality, it’s a litigation trigger
If Nike’s mark was cancelled for non-use, that cancellation could become a central argument in court.
4. Fame doesn’t equal ownership
Trademark rights require:
- use
- renewal
- proper policing
Even legacy marks from global brands can be claimed by others if they fall out of use.
5. Retro collaborations are new IP pressure points
As brands tap into Y2K nostalgia, previously “dead” marks are re-entering commerce. Any lapse becomes legally dangerous the moment marketing campaigns revive the brand.
How Could This Case Impact Nike?
If Total90 LLC prevails:
- Nike may have to rebrand any current or future T90 retro products.
- Nike could face damages or forced profit disgorgement.
- The company may need to buy the mark back or enter a license agreement.
- Other dormant Nike marks could become litigation targets.
If Nike wins or invalidates the registration:
- Nike could regain control of the T90 brand.
- The case may create precedent on opportunistic registrations of legacy marks.
- Nike may reinforce more aggressive trademark policing and renewal practices.
What Should Other Sports, Apparel & CPG Brands Learn from This?
This case is a wake-up call for brands with large IP portfolios.
1. Audit dormant trademarks annually
Especially for:
- discontinued product lines
- legacy collections
- retro and collaboration-ready assets
2. Maintain registrations even during “quiet” years
Renewals are far cheaper than litigation.
3. Watch USPTO filings for applications targeting your legacy marks
Many disputes can be prevented with timely oppositions.
4. Keep minimal “token” use where possible
Legitimate commercial use—however small—helps preserve rights.
5. Have a retro-revival IP strategy
Before bringing back a nostalgic line, confirm:
- the mark is active
- competing registrations haven’t been filed
- the brand’s older IP is still enforceable
Juris Law Group routinely conducts these risk reviews for brands revitalizing past products or preparing new capsule drops.
frequently asked questions (FAQ)
Is this officially a trademark lawsuit?
Yes. The case is filed under the Lanham Act for trademark infringement and unfair competition.
Can someone really register a Nike brand name?
If Nike let the mark lapse or abandoned it, yes, U.S. trademark law allows others to register it.
Does Nike automatically keep rights because “Total 90” is famous?
No. Fame helps in litigation but does not replace renewal or use requirements.
Could Nike still reclaim the trademark?
Possibly. Nike could challenge the new registration on grounds such as improper use, fraud, or bad-faith filing.
What happens to existing Nike T90 retro products?
If the court issues an injunction, Nike may have to modify, rename, or stop selling products under the T90 name.
Key Takeaway
Nike’s “Total 90” dispute is more than a headline, it’s a case study in why even global brands cannot afford to let legacy trademarks lapse.
As nostalgia-driven releases surge across sportswear and fashion, dormant IP has become a new litigation risk category.
Brands should proactively audit, renew, and police their historical marks before bringing them back to market.
Juris Law Group advises brands globally on trademark protection, retro-line revival strategy, and IP risk management across sports, fashion, and consumer goods.
