Judge granted Nike’s temporary restraining order against ‘Satan shoe’

A court granted Nike’s request for a temporary restraining order against MSCHF, the retail startup that made Lil Nas X’s “Satan Shoe.”

Singer Lil Nas X and MSCHF collaborated on the shoe to promote his new music video “MONTERO (Call Me By Your Name),” which uses imagery resembling heaven and hell. The shoe resembled Nike’s Air Max 97, and MSCHF said it included one drop of human blood in the midsole.

Nike, which had no involvement in the Satan Shoe, filed the request for the temporary restraining order Wednesday morning, demanding MSCHF not ship orders on the shoe.

But MSCHF had shipped at least 200 pairs of Satan shoes before Nike filed the request, Megan Bannigan, the startup’s attorney, said during a court hearing Thursday morning.

Bannigan said no other pairs of the shoes exist and it will not ship any more. During the hearing, MSCHF argued the shoe was a work of art protected by the First Amendment.

“These are not shoes that are worn, there are very few of them. That’s the kind of artwork that we’re talking about,” Bannigan said.

But Nike cited an example in pop star Miley Cyrus, who earlier this week posted photos on Instagram wearing the shoes with the caption “Can you see Satan?”

MSCHF’s Satan shoes poses “substantial threat of irreparable harm” to Nike, the company argues, because consumers will associate the shoe retailer with satanic themed shoes. Nike asked the court to prohibit MSCHF from using the Satan shoes in advertising, and assisting other people in promoting the shoe.

Nike filed a trademark infringement suit against MSCHF on Tuesday over the use of its “Swoosh,” and claimed the retail startup confused customers into believing Nike “endorsed satanism.” Some social media users, including basketball player Nick Young, said they would boycott Nike for the MSCHF shoe.

In the suit, Nike is demanding MSCHF to deliver all products that bear resemblance to Nike products for destruction, and that MSCHF pay for the cost of the suit and lawyer fees on top of damages.

MSCHF sold out all available pairs of the shoe in under one minute on Monday. The shoes cost $1,018, as a nod to the Bible verse Luke 10:18: “So He told them, ‘I saw Satan fall like lightning from heaven.'”

Lil Nas X announced a giveaway of what was supposed to be the 666th pair on Twitter: “if u want the 666th pair of the satan shoes quote this tweet and use #satanshoes to be entered and I’ll pick someone by thursday,” he said.

Nike, MSCHF, and representatives for Lil Nas X were not immediately available for comment.

Read the original article on Business Insider

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