A federal judge ruled in Nike’s favor, ordering the company that made Lil Nas X’s “satan shows”, MSCHF, to stop selling the shoes, reports the Hollywood Reporter.
Earlier this week, Nike filed suit against the company, arguing that the shoes used Nike’s trademarks. Nike then filed a motion for a temporary restraining order and a preliminary injunction designed to try to prevent the company from selling the shoes.
The attorneys hired by MSCHF, from the law firm Debevoise & Plimpton, argued that the shoes are “not typical sneakers, but rather individually-numbered works of art that were sold to collectors for $1,018 each.”
MSCHF claims that these shoes will be displayed in an artistic fashion, like in museums. They also claim that confusion is not likely given the “sophistication of purchasers.”
Nike lawyers claimed that even the most passionate sneaker heads were confused by these shows.
“We have submitted numerous evidence that some consumers are saying they will never buy Nike shoes ever again,” said Nike’s attorney.
“There’s no bright line but the more famous the mark — and we think Nike’s swoosh is one of the most famous marks of all time — the more protection it is afforded,” said Nike attorney Kyle Schneider.
MSCHF said all but one of the shoes have been shipped out. “There’s no basis for a recall,” claims MSCHF. “They are not doing this for money. It’s about the message.”
Nike said that MSCHF is trying to create a brand and that the shoes are being sold on the secondary market. Stars such as Miley Cyrus have taken pictures with the shoes on. Nike also believes that some of the shoes were shipped after the lawsuit was filed.