Nike filed a lawsuit on Monday against a company, MSCHF Product Studio, Inc. over an alleged trademark infringement of their brand. The art collective, partnered with rapper Lil Nas X, sold 666 pairs of modified Nike sneakers, bearing the Nike “Swoosh” called “Satan Shoes.” Nike, in fact, did not authorize the sales and are alleging that the shoes have created confusion among consumers, who are associating Nike to endorse satanism-a theme of the music video which promotes the shoes. The shoes feature actual human blood and have an upside down cross.
Nike was able to obtain a temporary restraining order to prevent the brand from fulfilling the orders, however, by the time the order was signed, all but one order had already been fulfilled. Most trademark attorneys agree that Nike has a legitimate claim especially because there is significant evidence of confusion among consumers, and potential tarnishment of the brand. On the other hand, however, some argue that the First Sale Doctrine, which allows individuals to repurpose and resell a copyrighted item without the original creator’s permission.
Oddly, in 2019, the same company debuted “Jesus Shoes,” on Nike’s Air Max 97 sneakers which were filled with holy water. Nike again was not involved in the release of these shoes yet didn’t file a lawsuit against them likely because the “Jesus Shoes” did not create a negative perception of the brand. Further, although the “Jesus Shoes” certainly created a media frenzy, they did not have the same impact as Lil Nas X’s Satan Shoe, resulting in several customers calling on a Nike boycott.
This case could set precedent for future lawsuits over a controversial issue which could change the reselling and customization market. It is an interesting case, to say the least.
Article by Mandie Capozzelli