The "Total 90" Trademark Dispute

As Nike prepares a major marketing initiative for the 2026 World Cup in North America, the company faces an "unexpected thorn" in the form of a trademark infringement lawsuit regarding its "cult-classic" soccer line, Total 90. The dispute originates from a 2019 administrative oversight in which Nike allowed its federal registration for the "Total 90" trademark to lapse.   

Taking advantage of this lapse, Hugh Bartlett, an engineer and youth soccer coach, registered the trademark and subsequently developed his own independent line of "Total90" clothing and shoes. Bartlett reportedly approached Nike's legal team last year with a proposal to "join up," but after the collaboration was rejected, the situation escalated. In November 2025, Bartlett filed a lawsuit against the sportswear giant for trademark infringement.   

Recent Legal Developments

Nike secured an initial tactical victory in January 2026. A federal judge in the Eastern District of Louisiana rejected Bartlett's motion for a Temporary Restraining Order (TRO), which sought to immediately block Nike from selling its Total 90 products.

While this ruling allows Nike to proceed with sales for the time being, it does not resolve the core legal question: whether Nike effectively "abandoned" the trademark by failing to renew it, thereby forfeiting its rights to Bartlett.   

Conclusion

The litigation creates a significant "legal cloud" over Nike's strategy to capitalise on the upcoming World Cup. While the denial of the restraining order offers immediate operational relief, the underlying dispute challenges Nike's ownership of a heritage asset essential to its 2026 campaign.

The company must now navigate a high-stakes infringement battle while executing one of its most critical marketing pushes of the decade.