![]() ![]() “It’s not just a single piece of art that some artist took a shoe and made. “People are thinking Nike’s behind something because there’s so many of these ,” he said. The problem for Lil Nas X and MSCHF in this case, according to Gerben, is the hundreds of shoes that were sold, since individual works of art are easier to defend in court than items that have been mass produced. “This is something Nike is well aware of and has done absolutely nothing to mess with because there’s a sneaker culture here.” “You’ve got all kinds of artists that go out there and they take a shoe and they’ll do a whole bunch of custom art on the shoe and maybe resell it for $1,000-3,000,” Gerben said. Gerben pointed out Nike shoe redesigners like MSCHF commonly sell their work on online marketplaces. ![]() It’s a legal rationale that grants artists who purchase and repurpose individual copyrighted products the ability to express and profit off their own creativity, according to trademark attorney Josh Gerben of Gerben Perrott PLLC. Roberts and other attorneys said the trademark issue at play is commonly referred to as the First Sale Doctrine, which gives individuals who buy a copy of a copyrighted item the right to resell it without the creator’s explicit permission. Lil Nas X says he's written the 'best kids book of all time' ![]() Lil Nas X attends the Tom Ford AW20 Show at Milk Studios on Februin Hollywood, California. Nike might also argue that the use harms its reputation by associating its brand with Satanic symbols.” ![]() “Consumers may be misled to believe that the Satan Shoes are authorized or endorsed by Nike. Roberts, who teaches trademark and entertainment law at the University of New Hampshire’s Franklin Pierce School of Law. “Yes, Nike has a colorable case for trademark infringement and dilution by tarnishment,” said Alexandra J. The entire episode has all the ingredients for a potential landmark legal battle over the current limits of intellectual property law, according to multiple trademark attorneys, who say Nike has strong grounds for its lawsuit. “So i hope u are mad, stay mad, feel the same anger you teach us to have towards ourselves. The day after Lil Nas X released the music video, he responded to the backlash with a post saying, “I spent my entire teenage years hating myself because of the s**t y’all preached would happen to me because i was gay,” he wrote. The controversy began last week with the release of the music video for Lil Nas X’s latest single “Montero (Call Me By Your Name).” The video portrays the provocatively dressed singer as both a fallen angel and a demon who rides a stripper pole to hell where he gives a lap dance to the devil.įollowing the video’s release on Friday, Lil Nas teased the release of his new Satan shoes on Twitter.Ī scene from LIttle Nas X's video for "Montero" Lil Nas X/Youtube In its complaint, Nike said the Satan Shoes prominently feature Nike’s famous Swoosh logo. The company also released a pair of custom-made “ Jesus Shoes” in 2019. The modified black and red Nike Air Max 97 sneakers - adorned with a bronze pentagram charm and a drop of human blood in the mid-sole - are the latest customized Nike footwear product to be released by MSCHF. Nike has issued statements to multiple media outlets, including CNN, clarifying it does “not have a relationship with Lil Nas or MSCHF” and that “Nike did not design or release these shoes and we do not endorse them.” “In the short time since the announcement of the Satan Shoes, Nike has suffered significant harm to its goodwill, including among consumers who believe that Nike is endorsing satanism.” “MSCHF and its unauthorized Satan Shoes are likely to cause confusion and dilution and create an erroneous association between MSCHF’s products and Nike,” the sportswear company says in its complaint. A screen shot of shows Lil Nas X holding one of the modified shoes. ![]()
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