U.S. District Judge Eric Komitee in Brooklyn ruled three
days after Nike sued MSCHF Product Studio, claiming that the black-and-red,
devil-themed sneakers, which carry the Nike "swoosh" logo, infringed
its trademarks.
The sneakers are customized versions of the Nike Air Max 97
sneakers that purport to contain one drop of human blood in the midsoles, and
are printed with "Luke 10:18," a biblical passage referring to
Satan's fall from heaven.
Only 666 pairs, costing $1,018 each, were made. Lil Nas X,
known for the song "Old Town Road," was planning to select who gets
the 666th pair, but that plan was shelved following Nike's lawsuit filed on
Monday. He is not a defendant in the case.
"MSCHF strongly believes in the freedom of
expression," the company said in a statement. "We look forward to
working with Nike and the court to resolve this case in the most expeditious
manner."
Nike and its lawyers did not immediately respond to requests
for comment.
MSCHF's lawyers had argued that Satan Shoes were "not
typical sneakers, but rather individually-numbered works of art,"
following on the company's "Jesus Shoes" based on the same Nike model
in 2019.
They said a temporary restraining order was unnecessary
because shoe buyers would not think Nike was involved, and all but the 666th
pair had already been sold and no more were being made.
Nike's lawyers, in contrast, said "even 'sneakerheads'
were actually confused by MSCHF's shoes," and MSCHF had a
"history" of shipping infringing shoes faster than courts could stop
it.
Lil Nas X last month released a devil-themed video for his
song "Montero (Call Me By Your Name)." -Reuters
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