mschf has sued Internet collective mschf for selling’unauthorized Satan shoes’ in collaboration with rapper Lil NAS X. Since the Satan shoes were announced last week, Nike claims they’ve harmed its reputation. It’s asking for the shoes to be destroyed and for mschf to pay financial damages.
Mschf is known for stunt products like its 2019’Jesus shoes’. A $ 1,425 pair of white Nike Air Max 97s with custom stitching and 60ccs of water from the river Jordan.
Nike’s suit argues that making changes to the midsole may pose safety risks for consumers. But it mostly argues that a satanic shoe containing literal blood is bad for Nike’s brand.
Mschf is deceiving consumers into believing that Nike manufactures or approves of the Satan shoes.’this is sickening! ! ! How is Nike not involved when there’s a Nike symbol on the shoe!’.
Mschf can cite the first sale doctrine, which protects reselling goods that are protected by intellectual property laws. It can also claim the shoes are protected as a parody or argue that buyers are unlikely to confuse them with off-the-shelf Nikes.
If the case goes to trial, there’s more than a limited-edition satanic shoe line at stake.’the case has potentially broad implications because we’re seeing a rise in this kind of customization of branded goods as well as upcycling,’ Roberts said.
Chanel sued a company for’misappropriating’ its brand for recycled button earrings. Earlier this year, in fact, Chanel sued the company for misappropriating its brand you can also do things like dismember Barbie dolls and sell pictures of them as art.
Mschf bought shoes that it could legally resell using Nike’s branding. But it heavily modified them into what’s arguably a new product whose quality Nike ca n’t control, then sold them as a commercial good rather than a traditional art piece.
Mschf has anticipated and even invited lawsuits in the past, saying a suit would help increase the value of the product. By taking it to court, Nike is almost certainly boosting the profile of mschf’s latest drop.
I expect Nike might be hoping for a quick, low-key settlement in which mschf agrees not to ship out the shoes’.