Left: Eddie Van Halen with Frankenstein Guitar; Right: Nike Dunk Lo
Eddie Van Halen is suing Nike for copyright infringement because of the pattern on the midsole of a Nike Dunk Lo. Eddie Van Halen copyrighted the design made famous on his “Frankenstein” guitar in 2001. Lawyers for Eddie Van Halen wouldn’t comment to the press stating that they prefer to “to try cases in court.” On the flip side, lawyers for Nike stated, “Nike’s Dunk shoe design is not substantially similar to any of the Van Halen designs, and Nike has not referenced the ‘Van Halen’ name or image as part of any marketing campaign or promotional material associated with the shoe.”
I have to say up front that I have a hallway full of Nike boxes (over 100) and I love Van Halen (*only the David Lee Roth kind). In fact, my ring tone is Van Halen’s “Ain’t Talkin’ Bout Love.” That said, I’m not sure Van Halen has a very strong case. Sure, Nike is “inspired” by lots of copyrighted materials - from comic books, video games and movies - but they’re always very smart about how it’s marketed. The shoes are never given special names - they leave that to the kids on the interweb. But even still, I think Van Halen’s case is weak. Sure the midsole is red with white and black lines. But the area is so small, that to me, it doesn’t really translate to Eddie Van Halen’s infamous Frankenstein guitar pattern. And it’s been a few years since I read a copyright case, but I think Van Halen’s legal team is going to have to show more than just similar colors.
Eddie Van Halen in his own Sneaker with the Frankenstein Print
Here’s the real deal… earlier this year Eddie Van Halen released licensed footwear featuring the Frankenstein guitar pattern and he probably saw the Nike Dunk Lo and thought it was interfering with his sales. That’s a legitimate concern, but he inadvertently made what was a pretty plain dunk into something much more desirable. But even better, he just got a bunch of free publicity for his own shoes. Before this lawsuit, I had no idea about his shoe deal, but now, I know. Not only that, but as a true Van Halen fan, I like Eddie’s shoe better - it’s truer to the guitar pattern. But that leads me to the next question…Should Nike counter-claim, on behalf of Converse, for Eddie Van Halen ripping off the Chuck Taylor??? That remains to be seen, but if I had to bet any money this case will get settled before it sees the light of day in court.
