Nike sues over Lil Nas X’s ‘unauthorized Satan shoes’

Nike sued the Internet collective MSCHF for selling “unauthorized Satan shoes” in collaboration with rapper Lil Nas X. The shoe company says MSCHF infringed on its trademarks by selling limited-edition custom Nikes that were allegedly altered with a drop of human blood. Since the Satan shoes (as they are officially called) were announced last week, Nike claims they have damaged its reputation, “even among consumers who believe that Nike supports Satanism.” He asks that the shoes be destroyed and that MSCHF pay the financial damages.

MSCHF is known for its stunt products like its 2019 “Jesus Shoes,” a $ 1,425 pair of white Nike Air Max 97 with custom stitching and 60cc of Jordan River water. Nike was not opposed to Jesus’ shoes. But he’s apparently less content with his theological inverse: a drop of 666 pairs of $ 1,018 red and black Air Max 97s, containing 60cc of ink and a drop of human blood, adorned with a pentagram.

The Nike suit makes some general arguments against modifying the shoes, including that “making changes to the midsole may present safety risks for consumers.” (These shoes are accused of putting people’s soul and their soles are at risk). But mostly he argues that a satanic shoe that contains literal blood is bad for the Nike brand.

To defend its case, Nike cites comments on social media from people who don’t realize that MSCHF was only unofficially reselling the shoes. “I will not buy Nike again. You are forbidden! “says one.” This is disgusting !!! How does Nike not participate when there is a Nike symbol on the shoe !!! “says another. “MSCHF is misleading consumers into believing that Nike makes or endorses Satan shoes,” the Nike complaint states. “Consumers’ belief that Satan shoes are genuine Nike products makes consumers never want to buy any Nike product in the future.”

As a law professor at the University of New Hampshire, Alexandra Roberts annotated on Twitter, MSCHF can defend itself for multiple reasons. You can cite the First Sale Doctrine, which protects the resale of goods that are protected by intellectual property laws, like people selling designer clothes on Poshmark, for example. You can also claim that the shoes are protected as a parody or argue that buyers are unlikely to mistake these modified Satan shoes for standard Nike, despite random internet commenters.

Very, very few people will ever own a $ 1,000 blood pentagram sneaker. However, if the case goes to trial, there is more than a limited-edition line of satanic shoes at stake. “The case has potentially wide implications because we are seeing an increase in this type of branded product customization, as well as recycling,” Roberts said. The edge via email.

Nike

It’s okay to resell products outright, says Roberts, and it’s legal to advertise products while mentioning someone else’s trademark. You can also do things like dismember Barbie dolls and sell pictures of them as art. “But what about companies that make jewelry with real Chanel buttons or cut fringes on real Vuitton bags?” Earlier this year, in fact, Chanel sued a company for “misappropriation” of its brand for recycled button earrings.

Basically, MSCHF bought shoes that it could legally resell under the Nike brand, but heavily modified them to make them a new product whose quality Nike cannot control, and then sold them as a commodity rather than a traditional work of art. . Depending on how a court weighs all of those factors, it could set a precedent for future cases. “I think other high fashion brands will follow this case closely,” says Roberts.

The Satan Shoes appeared alongside a provocative music video for Lil Nas X that drew the ire of conservative commentators. So it makes sense for Nike to distance itself. But how The law of fashion Notes, MSCHF has anticipated and even invited lawsuits in the past, saying that a lawsuit “would help increase the value of the product.” By taking it to court, Nike is almost certainly boosting the profile of the latest MSCHF crash, as well as potentially causing new problems.

“I’m not surprised Nike decided to sue, but I think they should also proceed with caution to avoid being perceived as a crushing speech or siding with the Christian right about a popular black artist,” says Roberts. “I suppose Nike could be waiting for a quick and discreet settlement where MSCHF agrees not to ship the shoes.”

MSCHF did not immediately respond to a request for comment. Lil Nas X, who posted an “apology” prank video for the shoes yesterday, is not listed as a defendant in the lawsuit.