Nike and the internet collective MSCHF have settled their trademark dispute over a range of unofficially customized Nike sneakers from Satan. None of the companies disclosed the terms of the transaction. But that apparently includes an offer to give customers back $ 1,018 ‘Satan Shoes’ – or some earlier ‘Jesus Shoes’ from MSCHF – for the full refund.
In a statement to The edge, MSCHF’s lawyers said they were “satisfied” with the settlement over the shoes, which was designed in collaboration with rapper Lil Nas X. “With these Satan Shoes – which sold out in less than a minute – MSCHF intended to comment on the absurdity of the collaborative culture practiced by some brands, and on the perniciousness of intolerance,” the lawyers said. said the artistic message was also ‘powerfully’ communicated by Lil Nas X’s song ‘Montero (call me by your name)’ and ‘dramatically enhanced’ by Nike’s lawsuit.
“After MSCHF had already achieved its artistic goal, it acknowledged that settlement was the best way to put the lawsuit behind it so that it could devote time to new artistic and expressive projects.”
Nike confirmed the settlement in a statement to The edge. “MSCHF has changed these shoes without the permission of Nike,” the company said. ‘As part of the settlement, Nike asked MSCHF, and MSCHF agreed to start a voluntary recall to buy back Satan Shoes and Jesus Shoes for their original retail prices, to remove it from circulation. If buyers were confused, or if they would otherwise like to return their shoes, they can do so at a full refund. Buyers who prefer not to return their shoes and later experience a product problem, defect or health problem should contact MSCHF, not Nike. ‘
It’s unclear how many – if any – buyers will return a pair of limited edition shoes whose value has probably been increased by a major publicity campaign around them.
Nike sued MSCHF last week over the Satan Shoes, saying the sneakers – which MSCHF adorned with ink, fitting, a pentagram charm and (allegedly) a drop of blood – tricked buyers and the public into believing that Nike ‘Satanism endorses. MSCHF opposes the shoes as a protected artistic commentary on ‘extreme kollaba culture’, saying that the 666 Satan Shoe pairs, except for one, have already been shipped, with the final outline for a give away to Lil Nas X fans. However, Nike won the first round of a court battle, with a judge granting a temporary restraint against MSCHF.
The Satan Shoes case could set a precedent for how courts treat ‘upcycled’ and heavily modified designer products. But a silent resolution makes sense for Nike, which is apparently motivated by unfavorable publicity and possible damage to its reputation. (It did not file a similar lawsuit when the Jesus Shoes were released in 2019, although it did say last week that they also infringed its trademark.)
Meanwhile, MSCHF will apparently retain ownership of the final pair. ‘I can say that MSCHF intends to keep the last of the 666 shoes; “Unfortunately, Lil Nas X will not be able to give away the shoe as he intended to do,” MSCHF’s lawyers said.