Milkcrate Athletics & Nike in Lawsuit Over Something Neither Own

Aaron LaCrate and his brand of Milkcrate Athletics is suing Nike for recent usage of milkcrates, related images and words on a series of recent LeBron James apparel and footwear. They claim that Nike is confusing the public and using their brand properties. I’ve been putting milkcrates on t-shirts since 1997 (see one below) so I don’t know how someone could own that idea, but Milkcrate Athletics is going for it with this lawsuit. I don’t see any confusion of brand infringement, but we’ll let the courts work it out.

It’s my opinion that no one owns the milkcrate image. It’s like saying you own the letter “F”. Milkcrates are in the public domain and no one can lay claim to it. I am a supporter of artist’s rights and I’m the first person to call foul when artists get ripped off (see You Though We Wouldn’t Notice) but this just seems a bit silly. If he wins, I’d like a cut please. –> Milkcrate Athletics Files Trademark Suit Against Nike Over LeBron James’s Milkcrate-Themed Shoes via 95years.com