A small California shopkeeper takes on Nike in a dispute over the slogan with which she named her store that sells succulent plants: “just succ it”. Andrea Galbreath went viral on TikTok when exposing the battle for the use of the phrase, which refers to the iconic “just do it” of the sports giant.
Galbreath gained more than 17,000 followers on the social network after Nike filed an opposition to its trademark. She received a notice from the United States Patent and Trademark Office (USPTO) for the similarity to the sports company’s slogan.
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“I did not know what to do. I thought that if I post something, someone will leave a comment that might help me. Maybe someone has been through this before and can tell you what to do,” Galbreath told NBC News.
Former social worker who lost her job during the pandemic caused by Covid-19, the American found in botany a way to continue paying her bills. She created the store in July 2020 and registered the brand in April 2021 with the controversial slogan.
His first video, in which he asks for help against Nike, reached 2.1 million views. After that, Galbreath says he received a subpoena from Nike asking him to drop the slogan so that “the public doesn’t confuse Just Succ It with Nike products.” The text further says that the name infringes on Nike’s “Just Do It” patent and allows “reasonable time” to change the advertising phrase.
It so happens that, in the English language, “Succ”, which refers to succulent plants, has the sound of the verb “suck”, which would be a pejorative association with Nike. The use of the derogatory “term” associated with the brand, however, is nothing new.
However, lawyers consulted by Galbreath said that a legal battle against Nike could cost up to $100,000 and could take years to reach a final decision.
“They do it because they know a small business can’t try to fight a corporation like them.”
Contacted by NBC News, Nike declined to comment on the case.
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