The Devil Wears Nike. Are Satan Shoes Work Of Art? – Intellectual Property – United States
Veni, vidi, settled: they already found an agreement!
The day after the interim decision of the court that restrictedthe sale of the shoes, Nike and MSCHF settled the case.
As part of the settlement (which is only partially disclosed),MSCHF agreed to buy back any Satan Shoes as well as Jesus Shoes fortheir original retail prices “in order to remove themfrom circulation”.
Whether the shoes will be returned or not by the customers,it’s then another matter. And indeed the Satan shoes alreadyappeared on eBay for prices between $3,800 and $6,666.
You don’t have idea of what we’re talking about? Here isthe story.
The art collective MSCHF designed, in collaboration with therapper Lil Nas X, the “Satan Shoes”, whichwent on sale Monday, March 29th.
Nike filed a lawsuit, claiming that the “Satanshoes”, unofficial redesigns of Nike’s trademark AirMax 97 sneaker, despite the various modifications made, are stillwell recognizable as Nike’s product.
Art and fashion sometimes cross their ways. It’s plenty ofcases where designerstake “inspiration” from art (wealready wrote about
street art and fashion), or where artists collaborate withfamous brands.
It can happen that the fashion brand asks the artist to design acollection (the most commercially successful is probably thecollaboration between Louis Vuitton and Takashi Murakami), or askspermission to use a piece of art; on the opposite, artistssometimes take famous brands and use them in their work of art, inthe name of “freedom ofexpression” (see our article about the useof
brand in art).
In some cases, the inspiration and the utilization is legal andit doesn’t require the consent of the other party. Sometimes,quite the opposite. This is what happened with Nike.
MSCF x Lil NasX’s “Satan Shoes” Nike AirMax ’97 (Courtesy of SAINT)
But what is exactly the “Satanshoe”?
It’s a limited edition (666 pieces, which is definitely asignificative number) of the Air Max 97, individually numbered,with a red liquid in the sole (supposedly containing one drop ofhuman blood from MSCHF team), a pentagram pendant on the laces and,printed in red, a reference to a Bible verse, Luke 10:18(“I saw Satan fall like lightning fromheaven”).
The number of the line 10:18 is recalled also in the price,which is 1,018 US dollars (whilst the original Nike shoes are soldat $160).
Nike sued MSCHF for trademark infringement, false designationof origin and trademark dilution.
It asked the court to force MSCHF to cease manufacturing,distributing, selling or promoting any products under Nike’svarious trademarks, while it also wanted a court to order thatMSCHF “deliver to Nike for destruction any and allshoes, apparel, digital files, packaging, printed graphics,promotional materials”, and to award monetary damages forthe financial harm the company has suffered.
Rapper Lil Nas X with the Satan shoes.
The release of the satanic-themed shoes coincided with Lil NasX’s new song and music videofor “MONTERO
(Call Me By Your Name)”, in which the21-year-old rapper attempts to seduce a devil.
The rapper and the MSHF collective argued that the shoesare “individually-numbered works ofart”, that should not be confused with a Nikeproduct, that no one will actually wear them but exhibit theminstead, and invoked the freedom ofexpression.
On Wednesday, though, a U.S. District Court in New York approvedNike’s request for a temporary restraining order againstMSCHF.
The “transformation” wasnot enough to consider the shoes a work of art. Nomore Satan shoes can be produced or sold, even though thisrestriction came useless because, according to MSCHF’s lawyers,almost all the 666 pair were already sold and shipped and they haveno plans to produce any more pairs of the shoe.
As mentioned before, the Satan Shoes are not the firstprovocative item created by the MSCHF with a Nike shoe. In 2019,the collective released one pair of “JesusShoes” created from the same Air Max model, withoutmuch controversy.
The exclusive all white Nike Air Max 97 MSCHF x INRI JesusShoes
According to CBS News, the company’s head of commerce,Daniel Greenberg, confirmed that MSCHF bought normal pair of NikeAir Max 97 sneakers at market value.
A plain pair of men’s Air Max 97 costs about $160,but MSCHF completely revamped the shoe and added agolden Jesus on a crucifix as a shoelace charm.
Where the Satan shoe has human blood, the Jesus shoe hadholy water (supposedly from the River Jordan, where Jesus wasbaptized) which was blessed by a priest in Brooklyn.
The reference to the Bible in this case was Mattew 14:25(“And in the fourth watch of the night Jesus went untothem, walking on the sea”).
And of course, the price was $1,425, although all the 24shoes were sold in a minute and listed in the retail site Stock Xfor $4,000.
Why Nike didn’t say anything in the case of Jesus shoes, andfiled a lawsuit for the Satan shoes?
Well, the difference is basically in the damagethat the brand can have from being associated with something bad,socially unacceptable or against the value of the branditself: the release of the Satan shoe had many calling forboycotts of Nike, under the false idea that the apparel giant wasbehind the release of the sneakers.
Some sport stars like UFC legend Jon Jones and Clemson playerTrevor Lawrence spoke against the brand before knowing that Nike isnot involved in the production of the Satan shoes.
The judges had to examine whether the use of the mark hasartistic relevance, and if so, whether the work is explicitlymisleading. The response was that the black-and-red, devil-themedsneakers, which carry theNike “swoosh” logo, infringed itstrademarks.
According to the New York Times, in the settlement MSCHFdeclares that, with the Satan shoes, intended to comment on theabsurdity of the collaboration culture practiced by some brands,and “having already achieved its artistic purpose,MSCHF recognized that settlement was the best way to allow it toput this lawsuit behind it”.
On the other side, Nike confirmed the settlement with astatement of their own. “MSCHF altered these shoeswithout Nike’s authorization”, the brandsaid.
“As part of the settlement, Nike has asked MSCHF, andMSCHF has agreed, to initiate a voluntary recall tobuy back any Satan Shoes and Jesus Shoes for their original retailprices, in order to remove them fromcirculation.
If any purchasers were confused, or if they otherwise wantto return their shoes, they may do so for a full refund. Purchaserswho choose not to return their shoes and later encounter a productissue, defect, or health concern should contact MSCHF, notNike”.
From now on, if you want walk on the water with the Jesus shoesor go to hell with the Satan shoes, you do it at your ownrisk.
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