Key Takeaways
- Nike allowed its “Total 90” trademark registration to lapse in 2019, opening the door for a third-party registration
- Hugh Bartlett, a New Orleans-based engineer and youth soccer coach, registered “TOTAL90” in February 2022 and later filed an infringement lawsuit against Nike
- A federal judge denied Bartlett’s motion to temporarily restrain Nike from selling Total 90 products, citing lack of evidence of consumer confusion
- The case illustrates “trademark arbitrage,” where parties acquire undervalued marks and leverage them strategically
- The preliminary injunction hearing is scheduled for January 8, 2026, with Nike’s World Cup marketing plans in the balance
The Trademark Gap That Started It All
Nike’s Total 90 line launched in 2000 and became one of the most recognizable names in soccer footwear for nearly a decade. The brand was worn by players including Wayne Rooney, Roberto Carlos, and Fernando Torres.
Nike formally abandoned its trademark registration for “Total 90” in 2019. Hugh Bartlett, a Louisiana-based engineer and youth soccer coach, registered “TOTAL90” in February 2022. Bartlett’s company, Total90 LLC, developed a fantasy soccer app in 2019 and began selling apparel and footwear in 2022.
According to court filings, Bartlett contacted Nike in December 2024 about a potential collaboration. When that didn’t materialize, Nike claims Total90 LLC demanded $2.5 million for the trademark rights before filing suit.
Nike Wins Early Round, But Case Continues
U.S. District Judge Wendy B. Vitter ruled in Nike’s favor on the temporary restraining order motion. The judge emphasized that under U.S. trademark law, ownership is established by use, not registration.
Total90 LLC failed to demonstrate evidence of actual consumer confusion or that both companies use similar retail outlets. The court also noted that Total90’s 11-month delay between first contacting Nike and filing suit undermined claims of urgent, irreparable harm.
Nike argues its Total 90 products have been available for more than 25 years, giving it priority of use regardless of the lapsed registration.
A Case Study in Trademark Arbitrage
Trademark experts point to this dispute as an example of “trademark arbitrage,” where parties acquire marks that others have undervalued and then leverage them strategically.
As the lawful trademark owner, Total90 LLC now holds multiple options: sell the trademark back to Nike at a premium, pursue legal claims if Nike uses the mark without permission, or continue developing the brand while benefiting from renewed attention generated by the dispute.
“Nike didn’t ‘make a mistake.’ They simply stopped using the mark. They formally abandoned it,” said Andrey Mincov, Founder and CEO of Trademark Factory®. “No responsible trademark attorney would tell a client to manufacture fake use just to keep a registration alive. At that time, Nike had no interest in TOTAL 90. Now they do, and that change comes with consequences.”
What’s at Stake for Nike’s World Cup Plans
Nike has significant plans to revive the T90 aesthetic ahead of the 2026 World Cup in North America, including a collaboration with Palace that features T90 imagery. The ongoing litigation creates uncertainty around these marketing efforts.
The January 2026 hearing will determine whether Total90 LLC can secure a preliminary injunction. A ruling against Nike could complicate product launches timed to the tournament.
This case offers a lesson for youth sports operators and brands managing intellectual property. As Mincov noted: “The TOTAL 90 story is a powerful reminder that in today’s fast-moving market, maintaining trademarks is not just a bureaucratic formality. It’s a strategic business decision.”
For organizations with legacy marks or dormant product lines, the minimal investment in trademark maintenance may prove far less costly than the alternative.
YSBR provides this content on an “as is” basis without any warranties, express or implied. We do not assume responsibility for the accuracy, completeness, legality, reliability, or use of the information, including any images, videos, or licenses associated with this article. For any concerns, including copyright issues or complaints, please contact YSBR directly.
Appendix: Sources
- Benzinga (December 25, 2025) – “Soccer Coach Beats Nike To ‘Total 90’ Trademark, Sparks Legal Fight Ahead Of World Cup” – https://www.benzinga.com/news/legal/25/12/49590587/soccer-coach-beats-nike-to-total-90-trademark-sparks-legal-fight-ahead-of-world-cup
- Sportico (November 2025) – “Nike Defeats Motion to Restrain Sale of Total 90 Soccer Shoe Line” – https://www.sportico.com/law/analysis/2025/nike-total90-trademark-decision-1234878043/
- Footy Headlines (November 18, 2025) – “Nike Loses Total 90 Trademark – Sued for Alleged Copyright Infringement” – https://www.footyheadlines.com/2025/11/nike-loses-total-90-trademark.html
- The Fashion Law (November 20, 2025) – “Nike’s TOTAL 90 Trademark Clash Shows Risks of Brand Revivals” – https://www.thefashionlaw.com/nikes-total-90-trademark-dispute-highlights-risks-in-brand-revivals/
- The Fashion Law (December 2025) – “Nike Beats TRO Bid in ‘Total 90’ Trademark Clash” – https://www.thefashionlaw.com/nike-beats-tro-bid-in-total-90-trademark-clash-with-smaller-brand/
- Trademark Factory (December 26, 2025) – “Trademark Review: Nike’s TOTAL 90 Trademark Battle Shows Hidden Risks of Brand Revivals” – https://trademarkfactory.com/blog/trademark-review-nikes-total-90-trademark-battle-shows-hidden-risks-of-brand-revivals/
- Wall Street Journal
- Sports Business Journal
- Image – Nike
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