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Anyone who has bought a pair of Lil Nas X’s “Satan Shoes” may need to return them, if Nike is successful.
The sportswear giant on Thursday asked a Brooklyn federal judge to recall every pair of controversial sneakers already sent to buyers.
MSCHF, the creative agency behind the Demonic Kicks, revealed in a court file that all but one of the 666 pairs produced were shipped to people who paid more than $ 1,000 earlier this week.
The Brooklyn-based company cited this fact as one reason the shoe – launched to promote Lil Nas X’s new single – posed no immediate threat to Nike’s business, adding that it had no intention of to sell more pairs.
But Nike disagreed, noting that MSCHF had started taking orders for the custom Air Max 97s the same day the iconic retailer filed a scathing trademark infringement complaint about the release.
“Although he is aware of Nike’s objections to his illegal behavior, MSCHF apparently proceeded to fulfill all orders for his shoes,” Nike attorney Michael J. Harris wrote in a letter to Thursday. United States District Judge Eric Komitee. “This court should order a recall to prevent MSCHF from taking advantage of its own sense of the game.”
Nike also wants Komittee to prevent MSCHF from sending the remaining shoes that have not been shipped. That includes at least one pair the studio was planning to give away this week, but MSCHF says it has put that plan on hold amid the legal battle.
The two sides will discuss the matter at a hearing Thursday morning in the case, in which Nike claims MSCHF has tricked consumers into believing the Oregon-based company endorses Satanism.
MSCHF argues that the stunt was “highly unlikely” to confuse the sneakerheads who purchased the shoes since they had to make the purchase through MSCHF’s proprietary app.
“Most importantly, these shoes are works of art meant to critique the ever popular ‘collaborative culture’, where brands like Nike collaborate with anyone who wants to, to
make a splash, ”MSCHF lawyer Megan K. Bannigan wrote in a Wednesday filing.
The studio also pointed out that Nike had not objected to the release of “Jesus Shoes” which allegedly contained holy water in 2019, which also led people to accuse the company of sacrilege.
Nike has denied that it was not obligated to sue for the previous version – although the company said it had not “ruled out” a lawsuit related to the Jesus shoes.
“The Jesus shoe was a smaller version that attracted little attention and was not the one that associated the Nike brand with such a loaded subject as Satanism,” Harris wrote in Thursday’s letter.
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