案例库 · 法务与合规 · 法务决策 · 2021
这条还没译成中文,下面是英文原文。
MSCHF sold 665 pairs of Nikes with blood in the sole — and had to buy them all back
MSCHF's 'Satan Shoes,' Nikes modified with a drop of human blood, drew a Nike trademark suit — MSCHF recalled the drop and an earlier one to settle
MSCHF · 2021-04-08
怎么回事
MSCHF, the Brooklyn stunt-product studio, modified 666 pairs of Nike Air Max 97s into 'Satan Shoes' with Lil Nas X — a bronze pentagram charm, an inverted cross, and one drop of human blood in the sole — priced at $1,018 each, a reference to a Bible verse about Satan's fall. More than 600 pairs sold before Nike acted.
Nike sued MSCHF for trademark infringement and dilution in the Eastern District of New York, arguing buyers would believe Nike had approved the shoes, and won a temporary restraining order. MSCHF's attorney argued the shoes were 'individually numbered works of art' that had 'already achieved its artistic purpose.'
The parties settled on April 8, 2021: MSCHF voluntarily recalled the Satan Shoes and, with them, its earlier 2019 'Jesus Shoes' (Nikes modified with holy water in the sole), buying back both at original retail price and offering full refunds to any buyer who wanted one.
为什么会这样
- MSCHF built the drop's entire appeal on being an unauthorized Nike modification, which is the exact conduct trademark law exists to stop once a buyer might think Nike approved it.
- Selling out the run before Nike could respond meant the legal fight arrived only after hundreds of customers already had the product, forcing a recall instead of a simple halt to sales.
教训
A shock-value product built on someone else's trademark can sell out before the lawsuit lands — but the lawsuit still lands, and by then the fix is a recall, not a takedown.
资料来源
- NBC News | Nike, MSCHF reach settlement over 'Satan Shoes' trademark lawsuit
- CBS News | Lil Nas X 'Satan Shoe' maker settles with Nike
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