06/10/2026
Like the Pocky design in Ezaki Glico, the AJ4’s claimed configuration is functional because Nike’s own materials show that the design was chosen to make the shoe work better. Nike says “more attention was paid to the functionality of the shoe,” that “everything it did have was functional,” and that the shoe included “supportive ‘wings,’” a heel pull tab for “ease of the wearer,” mesh side panels that improve “breathability and airflow,” and a visible Air unit that “absorbs impact for cushioning.” Those are textbook utilitarian benefits under Inwood and TrafFix. The relevant inquiry is not whether the AJ4 is also attractive or iconic, but whether the claimed trade dress features serve performance purposes. Nike’s own admissions show that they do.
https://www.finnegan.com/en/insights/articles/useful-to-know-recent-developments-on-utilitarian-and-aesthetic-functionality.html