A sneaker company is suing Kansas City Chiefs stars Patrick Mahomes and Travis Kelce, along with their restaurant partners, alleging trademark infringement. The complaint centers on their use of the numbers specific to 1587 Prime, the name of their restaurant in Kansas City, according to court records.
Mahomes and Kelce, along with business partners Noble 33, opened their steakhouse last year, combining Mahomes’ and Kelce’s jersey numbers to give it the name. The sneaker company 1587 Sneakers alleges in the suit that the restaurant name infringes upon its usage of the identical number combination.
The legal question revolves around the unregistered rights that the sneaker company claimed before it filed its trademark applications last year, said trademark attorney Josh Gerben of Gerben IP, who doesn’t represent either party.
The suit alleges that the 1587 Sneakers brand started selling its shoes on April 13, 2023, and thus have first use of the number and markings. The shoe company did not apply for the “1587” trademark until last October, and the application is still under review by the U.S. Patent and Trademark Office.
Meanwhile, “1587 Prime” is a trademark for the steakhouse that Mahomes’ and Kelce’s company applied for in December 2023.
The 1587 Prime trademark is in the bar and restaurant category. The sneaker company’s 1587 trademark application is in a clothing category.
“I think it’s a tough case for the sneaker company,” Gerben said. “Trademarks can coexist in different industries. … Given that the marks are essentially identical here, is a restaurant and a shoe company too close? Are consumers likely to be confused in thinking they are affiliated with one another?”
The sneaker company is also alleging apparel infringement because 1587 Prime sells clothing as well as food. The sneakers had grown in popularity enough to appear on the television show “Shark Tank” last year, but the company did not receive an offer from any of the show’s investors.
The suit alleges that “scores of consumers” have contacted 1587 Sneakers believing the company is affiliated with 1587 Prime. The plaintiffs’ attorney, Ezra Salami, declined an ESPN request for evidence to support this claim, but he said it will be produced should the case reach trial.
“From the onset, we have communicated a sincere belief that there is room for mutual respect and understanding,” 1587 Sneakers cofounder Adam King said in a written statement. “That belief has not changed, and we continue to hope to resolve this matter amicably.”
The sneaker company is asking for the restaurant group to no longer use the name, saying it causes confusion. The company also wants the restaurant to stop selling goods with the name on it, and to be awarded unspecified damages.
A publicist for Kelce declined comment and a representative for Mahomes did not respond to a message from ESPN seeking comment.
