Is "Cool Colleen Trainers" the actual name of your product? If it is NOT and you don't want to post the name of your product write something like XXX trainers. You might also explain why you think after your attoreny said otherwise that XXX trainers which is a shoe, socks, and an exercise manual in any way on the NIKE trademark. They really don't sound or look anything alike.
I do have complete faith in my attorney, but me being me really wants to understand this, and I just can't seem to get it. I did inquire, and he explained it, but I didn't get it. Sometimes I need things explained from another source and that's why I posted here. I did comb the internet and tried to figure it out but I can't.
Clearly you need things explained to you and I have no problem with that. But read my post. If you want things explained you have to ask the proper question.
There are several suggestions on how to do that in my last post.
Thank you for actually asking a question almost.
If they have been using it in commerce it could be. Registration of a trademark isn't required it just makes the bar they have to reach somewhat higher when they sue you. But considering that the bar is going to be pretty low because your product would also be foot related.
Trademark law is out there for two main reasons. To avoid customer confusion and to slap down those that would try to profit from another company's work. You seem to be trying to do both. But all of this assumes that NIKE used XXX first. If they didn't and you did you get to slap them down.
But if your lawyer said you were fine there is a very good chance that he knows something about the issue you have not communicated to us.
To be clear, I never heard of the other company or their product until after mine was in commerce for several years.
As far as I know, most or all of Nike's trademarks relate to shoes and clothing (although since it now sounds like we're only talking about Nike for the sake of discussion and that your dispute is with some other company). That being the case, if Nike has a trademark for "XYZ" and you subsequently create a footwear clothing product that uses "XYZ" as the name, it will almost certainly be infringing of the Nike mark. If you're being told otherwise by an attorney who understands trademark law, then I have to conclude that he has relevant information that you haven't conveyed as part of this question.
My attorney looked at their product, and said it wasn't indicating it's source, it was not being used as a trademark. All the other company's advertising and all their reviews did not name the item with the TM, it named the item that included the TM (but not the item itself). My attorney said that I have a registered TM and my use of the name is in line the way a TM is supposed to be used (identifying the source). In addition, the other company did not monitor the name and never contacted me (until 7 years later after my item was in the public domain).
I apologize if my NIKE example was different.