Nike Sues Rap Star ‘Lil Nas X’ And ‘MSCHF’ Over Patent Infringement

Nike filed a “Swoosh” trademark infringement suit in federal court Monday (March 29) saying a modified version of its Air Max 97 sneakers that includes satanic symbols and a drop of human blood in the soles was unauthorized, confusing and diluting of its iconic brand.

The limited edition “Satan Shoes” were created by rapper Lil Nas X and in collaboration with MSCHF Product Studio, after the pair released a limited edition offering of 666 pairs of the red and black stylized sneakers that include injected blood and red ink, a satanic pentagram and  a reference to biblical verse about the devil.

In the suit Nike said it has not and does not approve or authorize MSCHF’s customized Satan Shoes, noting that “there is already evidence of significant confusion and dilution occurring in the marketplace including calls to boycott Nike in response to the launch of Satan Shoes based on the mistaken belief that Nike has authorized or approved this product,” the lawsuit said.

In the suit, Nike asked the court to “immediately and permanently stop MSCHF from fulfilling all orders for its unauthorized Satan Shoes, saying “decisions about what products to put the ‘Swoosh’ on belong to Nike, not to third parties like MSCHF.”

Immediate Sell Out

Despite Nike’s protestations, as news reports of the shoes spread, the 600 pairs of $170 Air Max 97 sneakers that MSCHF bought, modified and then re-listed for over $1,000 a pair instantly sold out.

Classified as “MSCHF Product Drop #43” the Satan Shoes are the latest viral product to come out of the digital media company founded by 30-year-old Gabriel Whaley, including the previously released — and sold out — “Jesus Shoes,” which included a crucifix, a biblical verse and an injected drop of holy water into a pair of white and light blue Nike Air Max 97s.

Given the success and attention its shoes are generating, not to mention the enormous 10x profit margins they deliver, it would seem fairly likely that MSCHF or another company will try to replicate the hype created by Satan Shoes.

For now, the $200 billion athletic footwear and apparel giant, which is in the process of streamlining its wholesale relationships so it can better protect and promote its brand by selling more direct-to-consumer (D2C) products), does not have a lot of options to control what people do to their products.

“We do not have a relationship with Little Nas X or MSCHF,” Nike said in a statement. “Nike did not design or release these shoes and we do not endorse them.”

While Nike has no choice but to defend its logo, many branding experts have said the outlawed, limited edition and viral nature of these black market products are actually a net benefit for the Oregon-based company, which itself has a reputation for pushing boundaries in its advertising and endorsements.