Nike Suing Bape Is 20 Years In The Making

Why hasn’t Nike sued Bape? The question lingered for years, popping up in discussions about intellectual property ownership in footwear and as a defense employed by designers who earned lawsuits from Nike for copying its most recognizable silhouettes.

A Bathing Ape—Bape for short—was founded in Japan in 1993 and emerged in the US 10 years later. Its hoodies and sneakers, impossibly colorful pieces that announced a new era in streetwear at the turn of the millennium, became status symbols in hip-hop.

Bape’s biggest shoe, the Bape Sta, was popular in part for its garish looks—the most desirable pairs wore uppers of shiny patent leather in shades like candy pink or tropical yellow—but also for its shape, which conspicuously riffed on the Nike Air Force 1. The Bape shoe is a copy of the Nike model, one that rips the Swoosh off the side and replaces it with a cartoony shooting star.

How did Bape get away with it? Years ago, posters on sneaker forums wondered if Bape had quietly struck a deal with Nike.

Bape founder Tomoaki Nagao, better known as Nigo, told Complex in 2008 that he was impervious to the online chatter about him taking so liberally from Nike. Ironically, he was engaged in his own battles against lookalikes.

“I never read blogs,” Nigo said. “So, I don’t even hear the criticism about us doing Nike take-offs. I’d like to say that other brands doing Bape knockoffs shows that the brand is recognized and desired. But in reality, it’s really annoying to have to deal with it.”

Bape’s most famous sneakers waned in popularity at the end of the 2000s; their shape shifted to look less like the Air Force 1 in 2010s; and then, in the 2020s, they seemed set for a resurgence. Through the decades, Bape ducked litigation from Nike, even as the sneaker company became more aggressive about pursuing knockoff designers.

Bape’s good luck expired this week. On Wednesday, Nike filed a lawsuit against the streetwear brand in New York district court accusing Bape of trademark infringement and false designation of origin. “Bape’s current footwear business revolves around copying Nike’s iconic designs,” the lawsuit reads. Nike’s complaint highlights the abundant similarities between Bape designs like the Bape Sta, the Sk8 Sta, and the Court Sta and their corresponding Nike inspirations—the Air Force 1, Dunk Low, and the Jordan 1, respectively.

Bape did not respond to a request for comment.

The lawsuit explains Nike’s long delay in pursuing legal action by saying that before 2021, the amount of sneakers Bape sold in the US was insignificant. Nike’s lawyers say that starting in 2021, Bape scaled up its footwear business and began to sell even more “copies of iconic Nike designs.” This escalation, Nike says, forced the lawsuit.

Nike lawyers say that Bape’s sneakers have created confusion in the marketplace and that consumers could falsely associate its products with Nikes. In a warning letter to Bape in August 2022, Nike claimed that a recent collaboration between Bape and Marvel was likely to create an “erroneous association” between Bape’s shoes, Disney, Marvel, and Nike.

But those who sold Bape Stas during the shoe’s cultural zenith in the 2000s didn’t encounter regular misconceptions about the footwear’s origin. Bape’s SoHo store in New York City, which opened in December 2004, was a destination—you strategized, saved money, and planned for how long you might have to wait in line. If you were paying hundreds of dollars for a pair of the Bape Stas sitting on the mirrored conveyor belt inside, it meant you’d researched the shoes beforehand.

A stray tourist or ignorant parent might have confused the shoes for Nikes, store associates say, but the core audience knew what they were getting.

“The Bape Stas had a certain sauce you couldn’t get from a Nike sneaker—the drip you can’t replicate” says Frendy Lemorin, who worked the sneaker section at Bape in SoHo starting in 2006. “Obviously the sneakers were heavily inspired by the Oregon label, but Bape Stas had a soul of its own.”

Pharrell, who’s collaborated with Nigo over the years, was a fixture at the Bape store in New York. Kid Cudi worked there before his music career took off. (Soulja Boy got him some Bathing Apes, but neither his sneakers nor his connection to the brand were official.)

“It was a fucking madhouse in there,” says Lemorin. “I’m telling you, the store was like a club that had a celebrity appearance in there every single day.”

He remembers that the store was selling anywhere from 80 to 100 pairs of sneakers a week in that era. Nigo later said that from 2006 to 2007, the annual sales for Bape’s parent company reached $63 million.

Bape’s business in the US was by this point renewed—the brand now has stores in New York City, Los Angeles, and Miami. An investor announced plans in 2021 to accelerate Bape’s global growth, including in the US.

For Nike, Bape’s sneakers finally became significant enough to warrant a full-on lawsuit—the Bape Sta looked suspiciously like the Air Force 1 again, Bape was selling a bigger range of Nike-looking shoes than ever before, and more expansion was coming.

Nike’s complaint against Bape comes after a string of similar lawsuits it’s brought against bootleg sneaker makers in the past three years. When a whole wave of independent designers cranking out their own obvious copies of the Dunk and Air Jordan 1 emerged at the beginning of the 2020s, Nike sought to swat them down.

Bape, a hallowed brand that contributed greatly to the foundation of streetwear, is the biggest opponent Nike has yet faced in a fight like this. It doesn’t have the stigma that younger brands doing Nike homages do—it has long since earned a place in the culture of collectible shoes. And unlike many defendants in suits brought by Nike, it has the resources to fight back.

Bape may have been able to elude Nike in its infancy, but the threat sneakers like the Bape Sta now pose is too big to ignore, Nike says. Plus, the glut of other shoes aping Nike’s most cherished retros suggests that the trend has yet to fully ebb.

Source: Complex

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“Fucking Immigrant Loser” — Merrill Lynch Advisor James Iannazzo Arrested And Fired After Tirade Against Female Smoothie Shop Workers Goes Viral

A customer whose tirade against employees at a Robeks smoothie shop went viral has been charged by police and fired from his job as a Merrill Lynch wealth advisor.

James Iannazzo ordered a smoothie from a Robeks outlet in Connecticut on Saturday for his son, who has a peanut allergy. He asked for the drink to not contain peanut butter, but he did not mention the allergy, the Fairfield Police Department wrote in a statement.

The video shows him demanding three employees tell him who made the drink, but they say they are not sure and that he should call the franchise’s corporate office with the complaint. The confrontation quickly escalates, with Iannazzo hurling obscenities at the employees, calling them “f****** stupid, f****** ignorant high school kids.”

Iannazzo then throws a drink at one of them, hitting her shoulder and prompting another worker to call 911. (The employee did not suffer any injuries, according to police.) When the employee demands he leave, he continues yelling at her, calling her a “f****** immigrant loser.” The video then shows him trying unsuccessfully to enter a door leading to an employees-only area of the shop.

Iannazzo left the scene before police arrived and later turned himself in, according to police.

A video of the confrontation has been viewed more than half a million times on Twitter as of Sunday afternoon.

Merrill Lynch spokesperson Bill Halldin confirmed to Newsweek on Sunday that Iannazzo had been fired.

“Our company does not tolerate behavior of this kind. We immediately investigated and have taken action. This individual is no longer employed at our firm,” the statement said.

Iannazzo’s attorney, Frank J. Riccio, wrote in a statement that he “stressed to the staff” that the smoothie must not contain peanuts, which is reflected by the receipt.

“His son has a life-threatening peanut allergy. Upon drinking the Robeks smoothie, his son had a severe allergic reaction which required transport via ambulance to the hospital,” the statement said. “When faced with a dire situation, Mr. Iannazzo’ parental instinct kicked in and he acted out of anger and fear. He is not a racist and deeply regrets his statement and actions during a moment of extreme emotion.”

Authorities charged him with intimidation based on bigotry or bias in the second degree, breach of peace in the second degree and criminal trespass in the first degree. He is set to appear in court February 7.

Iannazzo is still listed as employed on Financial Industry Regulatory Authority, where he has one denied complaint from April 2015.

Forbes in 2021 ranked Iannazzo as one of the 25 best in-state wealth advisors. He has worked for Merrill Lynch for about 26 years.

“It’s good to see financial institutions taking clear, decisive action in response to such foul, racist and misogynist behavior,” said Morgan Simon, co-founder of the investment firm Candide Group and author of Real Impact: The New Economics of Social Change. “And in the long-term, it’s important to address the fact that racism is a cancer within finance, period, with less than 2% of global assets managed by firms owned by women or people of color.”

Source: Newsweek

Mater Dei High School Football Coach Patrick Callahan Repeatedly Raped Female Student In 1980s, Lawsuit Alleges

Mater Dei High School football coaches and players referred to it as “Hell Week,” a string of twice-a-day workouts as the Monarchs prepared for football season shortly before the start of the 1987 school year.

Because of the workout schedule, and in an effort to build team chemistry, players and other students who worked with the team, managers, trainers, stat crew members, slept overnight at the Mater Dei gymnasium.

It was on one of the Hell Week nights that Patrick Callahan, a Mater Dei assistant football coach, allegedly led a 17-year-old stat girl, who was a student at the school, to the Monarchs’ nearby football field and raped her, according to a civil suit filed against Mater Dei and the Diocese of Orange in Orange County Superior Court Thursday.

Callahan repeatedly sexually assaulted the girl over a period of years at different places on the Mater Dei campus, at social functions, and at local restaurants, often in the presence of other Mater Dei coaches, according to a court filing. The suit also alleges Callahan repeatedly served the girl alcohol in the presence of other Mater Dei coaches.

The suit does not state whether the other coaches were aware that Callahan was sexually abusing the girl. The suit also does not name the other coaches who were allegedly present when the girl was served alcohol.

“The significance is that another victim of abuse at Mater Dei has come forward to uncover and expose the culture of abuse and cover-up that is rampant through the athletics of Mater Dei and its community,” said Michael Reck, an attorney for the woman.

Over a period of years, starting in 1985 when the girl was 16, Callahan “sexually assaulted (the) Plaintiff countless times over the years that (the) Plaintiff was a student at (Mater Dei),” according to the lawsuit. The Orange County Register is not naming the woman because of the nature of the allegations.

Callahan when asked about the lawsuit on Thursday said, “I don’t have any comment on that.”

He denied having sex with any minor age girls while coaching at Mater Dei. Callahan, who later worked as an assistant coach at Dodge City Community College in Kansas, said he was unaware of the Orange County diocese making payments to the plaintiff in the lawsuit filed Thursday.

Diocese spokesperson Tracey Kincaid said “we have not yet been formally served with the complaint and as a matter of general practice  we do not comment on pending litigation.”

The lawsuit was filed against the backdrop of a Mater Dei-commissioned investigation by a Sacramento law firm into the culture of the school’s football and athletic programs.

The investigation commissioned by then-Mater Dei president Father Walter Jenkins on Nov. 30 was in response to an Orange County Register report detailing an alleged hazing incident involving the Monarchs football team. A current Mater Dei football player punched a teammate, 50 pounds lighter than him, three times in the face during an alleged hazing ritual called “Bodies” on Feb. 4, 2021, while some Monarchs players present shouted racial epithets at the smaller player, according to two videos of the altercation obtained by the Register.

The suit filed Thursday alleges negligent supervision, negligent retention and negligent supervision of the plaintiff, then a minor.

Callahan, who also worked at Mater Dei as an assistant track and field coach, later coached football and track at Santa Margarita Catholic High School, and served as an assistant football coach at Cerritos College.

Callahan was sentenced to two years in jail in 2006 for falsifying government documents in order to secure more than $150,000 in federal grants for athletes who were not eligible for the financial aid.

Callahan admitted fraudulently obtaining federal financial aid grant money for 13 Cerritos football players between July 1999 and March 2004, according to the Los Angeles District Attorney’s office.

The suit alleging sexual assault was filed under a California law that allows sexual abuse victims to finally confront in court their abusers and the organizations that protected predators.

Assembly Bill 218, which was signed into law by Gov. Gavin Newsom in 2019 and went into effect Jan. 1, 2020, created a three-year window to file past claims that had expired under the statute of limitations. The bill, authored by Assemblywoman Lorena Gonzalez (D-San Diego), also extends the statute of limitations for reporting childhood sexual abuse from the time a victim is age 26 to 40. The period for delayed reasonable discovery is also increased from three to five years. The law requires that plaintiffs meet a mental health practitioner and receive a certificate of merit to file under AB218. The woman has received a certificate of merit, Reck said.

Alleged survivors must file civil suits within eight years of becoming an adult or three years from the date an adult survivor “discovers” or should have discovered they were sexually abused, under current California law.

Under the 2019 law, defendants cannot be publicly identified in complaints until the judge formally accepts the case. The initial filings can list the addresses of defendants, however. The addresses of the diocese and Mater Dei are both listed for the two defendants in Thursday’s filing. Reck also confirmed that Mater Dei and the diocese are named in filings with the court.

The girl first met Callahan at a track camp on the Mater Dei campus in 1984, according to the suit. In the following months Callahan groomed her for sexual abuse, the suit alleges. Callahan allegedly began sexually assaulting her in 1985 when she was 16, Reck said.

Callahan “sexually molested, assaulted and abused Plaintiff on the premises owned, operated, and controlled by Defendants (Diocese of Orange) and (Mater Dei), including, without limitation, on the school campus of (Mater Dei),” according to a court filing.

As an assistant to Callahan and Mater Dei, the girl, the suit alleges “was forced to accompany Callahan to various athletic events of or sponsored by (Mater Dei). These athletic events were both on and off the high school campus of (Mater Dei) during the day and night, and included dinners at restaurants and other venues in California where alcohol was served to Plaintiff by (Callahan) and where other coaches and agents of (Mater Dei) were present. Often during these dinners, the PERPETRATOR sexually assaulted Plaintiff while they were sitting at the table with the other coaches and agents of (Mater Dei) present.”

“In his capacity as a track coach and/or an assistant football coach of (Mater Dei), PERPETRATOR often gave alcohol to Plaintiff, then a minor, to consume,” the suit said.

“Why did Mater Dei, why did the adults present during these times not raise a red flag?” Reck said.

The diocese has been aware of the allegations since 2011 when officials agreed to pay for the woman’s counseling, Reck said.

“Why hasn’t the diocese said anything?” Reck said.

Longtime Mater Dei head football coach Bruce Rollinson was not named in the suit. He was an assistant coach on the staff at the time.

Source: OC Register

Westminster High School (Westminster CA) Dedicates New Learning Pavilion In Honor Of Sylvia Mendez – A Central Figure In Legal Fight To Integrate Local Schools Years Before Supreme Court’s Brown v. Board (1954)

Sylvia Mendez knows a thing or two about breaking barriers. But, as she noted Wednesday, this may have been her first time cutting a ceremonial ribbon.

Not far from where she and her brothers were denied enrollment at a school because of their Mexican heritage, setting in motion a landmark desegregation case with national reverberations, the civil rights icon visited Westminster High School to help dedicate a brand new learning pavilion named in her honor.

“I am very aware how much work went into putting this together,” Mendez said. “Muchísimas gracias. I am so grateful, and so thank you. Thank you very much.”

On an outside wall, a towering mural created by artist Chuck Adame — with the help of fellow artists Israel “Ezra” Cervantes and Jose Joaquin — captures both the vision of the pavilion and the significance of Mendez v. Westminster.

The dignified profile of Sylvia Mendez occupies the top left corner of the mural, along with the year her case was resolved. Also depicted are her parents, Gonzalo and Felicitas Mendez, the Presidential Medal of Freedom she was awarded in 2011, a blindfolded Lady Justice, books with the term “equality” written on their spines in multiple languages, and the Japanese kanji character for “harmony.” The latter symbolizes the family’s bond with members of the Munemitsu family who leased their farmland to the Mendezes after being ordered to an internment camp for Japanese Americans during World War II.

This story begins in 1943, also in Westminster. That’s where Gonzalo and Felicitas Mendez tried to enroll Sylvia and her brothers, Geronimo and Gonzalo, at 17th Street School, known as “the white school.”

But district officials directed the family to Hoover Elementary, a campus for Mexican American children. Sylvia Mendez, just 8 years old at the time, would later describe Hoover as “a terrible little shack” with dirt for a playground.

Her parents hired a local attorney, who later consolidated the case with four other Orange County families who were willing to take legal action. Mendez, et al v. Westminster claimed that 5,000 children throughout the county were unjustly harmed by unconstitutional segregation policies.

The families won a groundbreaking victory in the U.S. District Court in 1946 that was upheld by the U.S. 9th Circuit Court of Appeals the following year. On May 17, 1954, the U.S. Supreme Court issued its Brown v. Board of Education decision, which asserted that all laws promoting school segregation were unconstitutional.

Gonzalo Mendez died in 1964, and Felicitas Mendez died in 1998. In accordance with her mother’s wishes, Sylvia Mendez has spent much of her post-retirement life speaking publicly about the case and talking to students about the importance of education.

She’s now 85, and there is little doubt that her efforts to raise awareness have been successful, expanding the case’s profile across the country.

The Santa Ana Unified School District opened Gonzalo Felicitas Mendez Fundamental Intermediate School in 2000. More recently, the Westminster School District rededicating its central office with a marquee that reads, “Westminster School District, In Honor of La Familia Mendez.” And last year, Felicitas Mendez became the subject of a Google Doodle.

Meanwhile, OCDE has teamed up with the city of Westminster to construct a local trail, park and monument that will honor Mendez v. Westminster and its legacy.

“In Mendez v. Westminster there was no violence, I have to tell you,” she said. “People came together to right a wrong. It took my parents and the other families a lot of courage. This court case is all about the struggle for equal education and for basic human rights.”

Source: OCDE Newsroom

Student Denied Diploma At Asheboro High School For Wearing Mexican Flag Over Gown

A North Carolina high school student was denied his diploma Thursday after he draped the Mexican flag over his graduation gown.

The 2021 graduate of Asheboro High School walked up to the stage with his classmates during their graduation ceremony. When his name was called, he walked across the stage to shake the principal’s hand and receive his diploma holder. The ceremony was being live-streamed to Facebook, and the student can be seen wearing the flag of Mexico across his shoulders.

The video shows the graduate reaching for his diploma holder before being stopped by a school administrator. She hesitates to give him the holder and can be seen talking back and forth with the student. The announcer can be heard continuing to read off the names of graduates as the student and administrator spoke about the flag. The student then begins to take off the flag, but he struggles to remove it. He stops when she eventually handed him the diploma holder.

After the ceremony when the student went to pick up his actual diploma, the school allegedly refused to give him the document and asked him to apologize for disrupting the ceremony, WDTN reported.

When the live-streamed video was posted to social media, viewers accused the school administrators of being racist, WXII reported. The statement from the school addressed these allegations.

“We strongly support our students’ expressions of their heritage in the appropriate time and place,” it said. “The accusations being made about our school and district are disheartening. We work with each student daily to ensure they receive rigorous instruction, equitable opportunity, and compassionate care in a safe and inviting learning environment. Across our school and district, we are passionate about seeing all students succeed.”

The Asheboro High School commended the student for his hard work and achievements during his time at the school. The district said they are working with the student and his family to make sure he receives his diploma.

Source: Newsweek

Retired Fortune 100 Executive Thomas B. Walsh Answers To Why So Many People Settle For Low-Paying Jobs With Expensive College Degrees

“Settle” for low-paying jobs?

You can’t be serious, Dude.

There was a time in the US when you could get a great job if you earned a bachelor’s degree in “anything.”

The catch is that JFK was president at the time.

Most parents (and their students) are oblivious to how college really works today.

In some ways it is hard to blame them. Colleges and universities have a powerful public relations team, pushing the message 24/7 that “college is for all.”

The team is made up of educators, guidance counselors, financial aid officers, politicians, pop culture, special interest groups–like the College Board, and college administrators—who are the biggest beneficiaries. Their influence is everywhere.

Many, many years ago, my “anything” degree, Philosophy, was from a state university in fly-over country, better known for its football team than scholarship. (As I vaguely remember, my GPA wasn’t that robust either.)

However, I had a successful career in IT, and retired as an executive from a Fortune 100 company.

The bad news is that college doesn’t work that way anymore.

Years ago very few high school grads (7%) went on to college. (They tended to be the “smart kids.”) If you graduated with a degree in anything, i.e. English, Gender Studies, Comp-lit, Philosophy, etc., you could get a good job.

Over the years a greater and greater portion of high school grads answered the call,

“You have to go to college!”

We are now at 45%. Probably half these teenagers don’t have the “academic firepower” to handle a serious, marketable major.

Back in the day having a college degree was a big deal. By the year 2000, the quality of a college education had deteriorated significantly, and college grads were a-dime-a-dozen. There were too many graduates, but not enough suitable jobs.

Then we got hit with the Great Recession of 2008.

In the US almost anyone can find a college or university that will accept them and their parent’s money.

You might even manage to graduate with some degree or another.

The problem comes when you try to find a real job. Employers aren’t stupid. They are going to sort through that gigantic stack of resumes and find the smart kids.

Today college is a competition for a relatively few (1,100,000) well-paying, professional jobs. Every year colleges and universities churn out 1,900,000 graduates with shiny new bachelor’s degrees. We don’t know the exact number, but a heck of a lot of minimum wage jobs are held by young people with college degrees in stuff like English, Gender Studies, Comp-lit, Philosophy, etc.

Given the high cost of college, that just doesn’t make any economic sense.

PS

The “Anything” Degree

Two decades ago in his book, Another Way To Win, Dr. Kenneth Gray coined the term “one way to win.” He described the OWTW strategy widely followed in the US as:

  • “Graduate from high school.
  • Matriculate at a four-year college.
  • Graduate with a degree in anything.
  • Become employed in a professional job.”

Dr. Gray’s message to the then “academic middle” was that this was unlikely to be a successful strategy in the future. The succeeding twenty years have proven him inordinately prescient and not just for the “academic middle.”

The simple explanation is that it comes down to “supply” (graduates) and “demand” (suitable jobs).

Fifty years ago only seven percent of high school graduates went on to college. In post-WW II America our economy was booming while the economies of many European and Asian countries were–only slowly–being rebuilt. The “Law of Supply and Demand” strongly favored the freshly minted college graduate.

Parents and students noticed how college really paid off, and the “great gold rush” to the halls of higher learning began.

Today my local, Midwest run-of-the-mill high school sends eighty percent of their graduates on to college.

Most of them are going to be very disappointed.

Source: Quora

Brown County High School (Nashville, Indiana) lists student as ‘BLACK GUY’ in yearbook caption under boys basketball team

An investigation is underway at an Indiana high school after a photo caption in the school’s 2020 yearbook listed a student on the boys basketball team as “BLACK GUY” instead of by his name.

After images of the photo in the Brown County High School yearbook were posted to social media Monday, the superintendent apologized that evening in a Facebook Live video.

“It has been brought to our attention that that yearbook has a truly incomprehensible statement included in it,” the superintendent, Laura Hammack, said, adding that officials were “trying to better understand what that situation is all about.”

Hammack declined a request for an interview Thursday and referred NBC News to a statement she and Brown County High School principal, Matthew Stark, released Monday.

Brown County High School is a public school in Nashville, roughly 50 miles south of Indianapolis. There were 577 students enrolled in the 2019-20 school year, the majority of whom — 92.2 percent — are white, according to state data.

Source: Yahoo

E-cigarettes CAN worsen heart and lung conditions and must not be considered harmless, Government report finds

Vaping can worsen heart disease and lung disorders while the risks posed by inhaling flavouring ingredients are still ‘unknown’, according to the government backed research.

The independent Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT) said e-cigarettes should only be used as a stop-smoking aid.

The report warned users who do not already use tobacco products ‘risk negative effects on their health’ by vaping.

Health threats to bystanders were considered low but people can suffer an increased heart rate from high nicotine exposure, if stood close to someone vaping, it said.

Professor Alan Boobis, Chair of the COT, said it was wrong to consider the devices as ‘harmless’.

Source: Daily Mail

University of California (UC) system can no longer use ACT & SAT test results as a determinant for admissions, a superior court judge has ruled, handing a victory to students with disabilities

The University of California system can no longer use ACT and SAT tests as a determinant for admissions, a superior court judge has ruled, handing a victory to students with disabilities.

The “test optional” policy at most UC campuses affords privileged, non-disabled students a “second look” in admissions, said Brad Seligman, the Alameda County Superior Court Judge who issued the preliminary injunction in the case of Kawika Smith v. Regents of the University of California on Tuesday.

At the same time, he said, a “second look” would be denied to less privileged students and students with disabilities who are unable to access the tests. Therefore, the conclusion is to do away with the tests all together.

The news comes months after the university system waived the standardized testing requirements until 2024, after its Board of Regents voted unanimously. A news release from May stated that if a new test hadn’t emerged by 2025, the system would eliminate the standardized testing requirement for California students.

Source: USA Today