NEW ORLEANS – A Louisiana-based company that makes soccer apparel and goods has filed a lawsuit against Nike, alleging the sports retail giant is illegally using its word mark and logo.
Total90 LLC, headquartered in New Orleans, filed its lawsuit November 14 in the U.S. District Court for the Eastern District of Louisiana.
“Defendant has used and continues to use its TOTAL 90 word mark and logo, which is confusingly similar to Plaintiff’s TOTAL90® word mark and logo, to sell competing goods to many of the same consumers served by Plaintiff,” the 16-page complaint states.
Total90 contends Nike’s actions have caused reverse confusion.
According to the complaint, “reverse confusion” is where a larger, dominant company saturates the market with a mark confusingly similar to that of a smaller, senior user, causing consumers to mistakenly believe the smaller company’s goods originate from or are authorized by the larger one.
Total90 argues the confusion is “eroding Plaintiff’s distinct identity and goodwill.”
Total90 has sold shoes, hats, jerseys, shirts, pants, soccer balls, and jackets using the Total90 mark since February 2022. Previous to that, it developed a soccer app. Work started on the app in July 2019.
It owns two federal trademark registrations, including one issued Sept. 24, 2024 that covers goods like headwear, clothing, coats, shoes, and soccer bibs or pinnies. The second, issued Sept. 3, 2024, covers a website for fantasy soccer leagues, soccer news, blogs, podcasts, and online seminars.
According to its complaint, Total90 also regularly advertises its clothing line in the Louisiana Fire Heatwave Herald and sponsors soccer leagues in New Orleans, including the LSU Men’s Club Soccer.
The company alleges Nike, headquartered in Oregon, used its “confusingly similar” trademark TOTAL 90 in its sale of shoes in March 2025.
Total90 noted Nike had filed an application for a trademark with the U.S. Patent and Trademark Office for the TOTAL 90 trademark. However, it was cancelled in April 2019 and Nike abandoned the mark.
The plaintiff contends Nike continues to engage in its “infringing activity” despite having constructive notice of Total90’s federal registration rights.
“Defendant’s use of its TOTAL 90 mark constitutes willful, deliberate, and intentional trademark infringement,” the complaint states, adding Total90 has requested in writing Nike cease and desist from its infringing actions.
Nike has not responded to the requests and has failed to comply with them, Total90 alleges.
“Plaintiff and Defendant were communicating and trying to come to a resolution until these negotiations reached a dead end on or around October 10, 2025,” the complaint states.
Total90 seeks a temporary restraining order and preliminary injunction enjoining Nike’s ongoing use of its TOTAL 90 mark.
It also asked the federal court to require Nike to deliver up and destroy all “devices, literature, advertising, labels, and other material” bearing the infringing designation at its own cost.
Total90 also seeks an order enjoining the director of the U.S. PTO from issuing Nike any trademark registration for its TOTAL 90 mark or “any combination of words or symbols that would create a likelihood of confusion.”
In addition, the company seeks damages, all profits received by Nike as a result of its infringing actions, attorneys’ fees and costs, and pre- and post-judgment interest.
Quantum Counsel LLC in Metairie, La., is representing Total90 in the action.
