Nike demands Lil Nas X’s Satan Shoes be recalled in US lawsuit
Nike demands Lil Nas X’s Satan Shoes be recalled in US lawsuit
Anyone who snagged a pair of Lil Nas X’s “Satan Shoes”, shelling out $1300, may have to return them if the sportswear giant gets its way.
Noah Manskar
and
New York Post
3 min read
April 2, 2021 – 8:44AM
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Anyone who snagged a pair of Lil Nas X’s “Satan Shoes” may have to return them, if Nike gets its way.
The sportswear giant asked a Brooklyn federal judge to recall every pair of the controversial sneakers that has already been sent to buyers.
MSCHF, the creative agency behind the demonic kicks, revealed in a court filing that all but one of the 666 pairs it produced have been shipped to people who paid upwards of $US1000 ($A1300) for them earlier this week.
The Brooklyn-based firm cited that fact as a reason that the shoe — released to promote Lil Nas X’s new single — didn’t pose any immediate threat to Nike’s business, adding that it didn’t plan to sell any more pairs.
But Nike disagreed, noting that MSCHF started taking orders for the customised Air Max 97s on the same day the iconic retailer filed a scathing trademark infringement lawsuit over the release.
“Despite knowing of Nike’s objections to its unlawful conduct, MSCHF apparently proceeded to fulfill all the orders for its shoes,” Michael J. Harris, a lawyer for Nike, wrote in a Thursday letter to US District Judge Eric Komitee.
“This court should order a recall to prevent MSCHF from gaining an advantage from its own gamesmanship.”
Nike also wants Komittee to block MSCHF from mailing out any remaining shoes that haven’t been shipped. That includes at least one pair the studio planned to give away this week, but MSCHF says it put that plan on hold amid the court battle.
A Brooklyn federal judge granted the sportswear giant’s request to block the self-described art collective MSCHF from fulfilling any orders for the demonic sneakers it released with hip-hop superstar Lil Nas X.
But that ship has already sailed because all but one of the pairs MSCHF produced are already on the way to their new owners, according to the studio’s attorney.
In fact, the Brooklyn-based firm had sent out at least 200 pairs by the time Nike formally requested a temporary restraining order to block further shipments on Tuesday, MSCHF lawyer Megan K. Bannigan said.
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The Lil Nas X shoes are decked out with pentagram pendants, inverted crosses and soles that supposedly contain a drop of human blood. Picture: Rich Fury / Getty Images North America / AFP
Nike claims MSCHF duped consumers into thinking the Oregon-based company endorsed Satanism.
MSCHF argues the stunt was “highly unlikely” to confuse sneakerheads who bought the shoes given that they had to make the purchase through MSCHF’s proprietary app.
MSCHF says the Satan Shoes are a commentary on the “collab culture” that’s led major brands like Nike to partner with anyone willing to “make a splash,” as Bannigan put it.
They’re meant as a companion piece to the holy water-infused “Jesus Shoes” the studio released in 2019 — both collectors’ items that buyers put on display and don’t actually wear, she said.
But Nike lawyer Michael J. Harris called that a manufactured explanation that didn’t prevent consumers from incorrectly thinking the brand was endorsing Satanism.
He also pointed out that MSCHF apparently sent a pair of Satan Shoes to pop star Miley Cyrus, who tweeted photos of herself wearing them on her feet.
MSCHF is “not free to materially alter sneakers with Nike’s famous marks,” Harris said during Thursday’s hearing. “None of the promotional materials refer to or suggest that these shoes are meant to be an expressive work of art.”
The studio also pointed out that Nike didn’t object when it released “Jesus Shoes” that purportedly contained holy water in 2019, which also led people to accuse the company of sacrilege.
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Lil Nas X responded to overall criticism in a YouTube video with the baiting title “Lil Nas X Apologises for Satan Shoe,” which teases an apology before the rapper cuts to the raunchy hellscape of his new video. Picture: Johannes Eisele / AFP
Nike rebutted that it wasn’t obligated to sue over the previous release — though the company said it has not “ruled out” legal action related to the Jesus Shoes.
“The Jesus Shoe was a smaller release that attracted little attention and was not one that associated Nike’s brand with as charged a topic as satanism,” Harris wrote in Thursday’s letter.
Judge Komitee ruled that Nike was likely to succeed in a case that appears poised to pit the Oregon-based company’s right to protect its famous trademarks against MSCHF’s claims to artistic license.
Even though Nike can’t take the shoes off the market, it can still fire a “warning shot” at MSCHF and anyone else looking to gin up publicity with a similar stunt, according to Fara Sunderji, a trademark attorney who’s not involved in the case.
“I think it’s probably less about the money, frankly, and it’s probably more about sending a message to MSCHF … to say, ‘Hey, you guys can’t do this,’” said Sunderji, a partner at the law firm Dorsey & Whitney, adding that the case will likely be settled.
This story originally appeared on the New York Post and is reproduced here with permission
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