Nike has filed a lawsuit in the New York Eastern District Court against a New York company, MSCHF Product Studio Inc for trademark infringement.
The plaintiff alleges that the defendant is using its trademark to customize Nike Air Max 97’s shoe with “satanic-themed detailing” without permission or authorization.
The plaintiff reportedly said that the sneakers are being promoted in collaboration with rapper and singer Lil Nas X, as a tie-in for the artist’s recent music video for the single “Montero (Call Me by Your Name)”.
According to the 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.
The plaintiff is suing the defendant of trademark infringement, dilution, false designation of origin, and unfair competition.
Nike is seeking a permanent injunction of the defendant from manufacturing or selling any products under Nike’s trademarks, and payment for monetary damages, as well as the destruction of any good or promotions using Nike’s marks.
The case is pending.
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|