We recently reported that the Brooklyn art collective MSCHF had been sued by sports giant Nike following MSCHF’s unauthorised release of the “Satan Shoe”, an adaptation of Nike’s famous Air Max 97’s. The adapted Satan Shoe included a drop of human blood from members of the collective, as well as a pentagram design and the biblical passage Luke 10:18.
Nike claimed that the release of the Satan Shoes has caused disgruntled customers to express their intent to boycott Nike as a result of the trainers. However in its defence, MSCHF argued that it strongly believes in the freedom of expression and claimed that the adapted Air Max 97’s were not your typical Air Max 97’s, but are individual works of art. On 1 April 2021, a federal judge in New York disagreed with MSCHF’s claim stating that the Satan Shoes had infringed Nike’s famous ‘swoosh' trade mark. The Court has placed a restraining order on the collective.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or firstname.lastname@example.org.Posted by: Tom Staveley in: EU/International, Trade Marks