Nike and MSCHF have reached a settlement in the trademark infringement battle over a pair of modified sneakers that were being sold in collaboration with rapper Lil Nas X having the Nike trademark.
Both parties reached a settlement in which MSCHF will issue a voluntary recall on the shoes and offer a buy-back program for previously released modified Nike sneakers called “Jesus Shoes”.
According to the initial lawsuit, the defendant’s sneakers feature a bronze pentagram and an inverted cross containing a drop of actual human blood with Nike’s Mark.
The plaintiff reportedly said that the design is likely to injure Nike’s business reputation and goodwill as it poses consumer confusion, mistake, and deception as to the source of origin or relationship of Nike’s products and MSCHF’s Satan Shoes.
Nike reportedly said that if any purchasers were confused, or if they otherwise want to return their shoes, they may do so to MSCHF for a full refund. Purchasers who choose not to return their shoes and later encounter a product issue, defect, or health concern should contact MSCHF, not Nike.
David H. Bernstein, an attorney for MSCHF reportedly said that MSCHF agreed to settle the lawsuit after realizing it already achieved its artistic purpose as the shoes were individually numbered works of art that will continue to represent the ideals of equality and inclusion
The case has been terminated.
Nike, Inc. v. MSCHF Product Studio, Inc.
|Judge:||Eric R Komitee|
|Court:||New York Eastern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Mar 29, 2021|
|Case Terminated:||Apr 12, 2021|