“Just Succ It” is the name of California-based Andrea Galbreath’s small succulent business. And that isn’t sitting well with Nike.
The Swoosh is preparing to file an opposition to oppose the tongue-and-cheek trademark, which was officially filed with the United States Patent and Trademark Office on Jan. 4. Nike was recently granted an extension to file an opposition for the trademark, which has yet to be approved. The period to ask to oppose a trademark from being registered is usually 30 days, though Nike was granted until March 5, 2022.
Nike filed an extension to oppose the trademark on Jan. 18, 2022.
Galbreath, who started the the succulent business amid the pandemic in 2020 after becoming unemployed as a social worker, took to TikTok to air her grievances about the situation. The posts have since gone viral, receiving over two million views.
Then came a cease and desist from Nike on Jan. 25, which was viewed by FN. The letter requested that Galbreath withdraws the ‘472 Application for “Just Succ it,” provide confirmation that it will not use it as a trademark or a trade name, and requested a response by Feb. 4.
Nike is comjng after my small biz Part 2! Apparently Nike goes after anyone trying to trademark anything with the words “Just” and “It. I just want to be able to keep using my biz name! #justsuccit #nike #juststopit #smallbusiness
“Going against a huge corporation can cost a lot of money,” Galbreath told FN over the phone on Thursday. “I think there’s a solution.”
Attorneys and business strategists have since rallied behind her on TikTok, offering free advice for Galbreath.
“If for some reason I do lose the name, it’s going to cost me a lot. Even though in the cease and desist letter, they said they’re not trying to stop me from doing business, they are trying to stop me from using the mark. Well, if I have to dissolve my business and start a new one, then comes all the rebranding and that adds up,” Galbreath explained.
The letter referenced Galbreath’s social media postings and said the letter will provide more context surrounding Nike’s objections. It also cited the use of “Just Succ It” on apparel being sold on the business website. However, Galbreath told FN that she sold one t-shirt and sold masks for marketing purposes during the height of the pandemic. There is currently no apparel available to purchase online.
Galbreath said her succulent plants in no way interferes with the selling of Nike sneakers. “There’s zero confusion. Nobody is going to get online to order Nikes and actually end up with an arrangement on their doorstep.”
Nike’s argument against “Just Succ It,” according to Galbreath, is that her name would cause brand dilution for the athletic company.
“There’s a better way to handle this instead of just shutting a small business down, especially one that clearly is in a completely different space,” she added.
FN has reached out to Nike for comment.