Nike said in the complaint that Nike said the “satanic shoes” “are likely to cause confusion and dilution,” or to convince Nike fans that it partnered with MSCHF to manufacture the shoes.
The company also reiterated that even though this pair of shoes bears Nike’s signature “swoosh”, the company did not participate in the creation of this pair of sports shoes, nor did it endorse it.
The complaint read: “The decision on which product to put SWOOSH on belongs to Nike, not a third party like MSCHF.”
MSCHF’s lawyers wrote to the court that the shoes are “individually numbered works of art” and argued that they are protected by the First Amendment. She also said: “Only one pair of shoes has been sold and shipped,” so there is no temporary restraining order.
In response, Nike’s lawyer said: “The appropriate remedy is… order the recall of these shoes.”
U.S. District Judge Eric Komitee wrote in the order that although Nike obtained a temporary restraining order this week, MSCHF can still try to prove that the shoes are protected by the First Amendment “right of artistic expression.” However, before that, the last pair of “satanic shoes” cannot be distributed.
MSCHF and Lil Nas X say they are surprised and frustrated
“Satan shoes” cost $1,018 each, which is about six times the price of a pair of Air Max 97 currently sold by Nike. This is a quote from the Bible verse Luke 10:18, which reads: “I saw Satan descend from the sky like lightning.”
Only 666 pairs of shoes were produced, and almost one pair was sold within one minute of release. LilNas X intends to send out the last pair of shoes on Twitter, but MSCHF said that the giveaway has been suspended indefinitely.
Collectively questioned why Nike would ask for a temporary restraining order stimulated by “satanic shoes” instead of “Jesus shoes”. This is a pair of modified Nike Air Max 97s with steel crosses and “holy water” produced a year ago.
MSCHF said: “MSCHF firmly believes in freedom of expression. There is nothing more important than our ability and the ability of other artists like us to continue our work in the next few years.” “We look forward to cooperating with Nike and the court as quickly as possible. To resolve the case.”
A Nike spokesperson told CNN that the company “does not have any other details to share outstanding legal matters.”
CNN has contacted the representative of Lil Nas X and is waiting for a reply.