U.S. District Judge Eric
Komitee in Brooklyn ruled three days after Nike
sued MSCHF Product Studio Inc, 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.
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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)."
(Reporting by Jonathan Stempel in New York;
Editing by Dan Grebler)
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