Just two weeks after Nike filed suit against MSCHF over its Satan Shoes, the parties settled in the shadow of a preliminary injunction forbidding MSCHF from fulfilling any orders of the allegedly infringing sneakers. The Eastern District of New York found that Nike showed a substantial likelihood of success on “at least some” of its claims, specifically that “MSCHF’s actions are likely to confuse, and likely are confusing, consumers about the origin, sponsorship, or approval of MSCHF’s goods” and are “likely to dilute and tarnish Nike’s marks.” The injunction also bars MSCHF from using Nike’s marks, including the “SWOOSH”, in advertising and on any confusingly similar products. Additionally, in an effort to remove the Satan Shoes from circulation, Nike has reportedly asked MSCHF to initiate a voluntary recall to buy the sneakers from consumers at the original $1,018 price point.
Update on Nike v. MSCHF: “Satan Shoes” Lawsuit SettledWritten by Kelly Malloy
Ms. Malloy earned her bachelor’s degree in Industrial and Systems Engineering at the University of Florida, and is currently a J.D. Candidate at the University of Miami School of Law concentrating on intellectual property. At Miami Law, Ms. Malloy is on the University of Miami Law Review and serves as President of the Intellectual Property Law Society, President of the Inter-Club Council, and Executive Board Secretary of the Student Bar Association. During her first year at Miami Law, Ms. Malloy also served as a 1L Senator and was selected to join the Society of Bar and Gavel. As a result of her dedication to her coursework, Ms. Malloy is in the top 10% of her class, received the Dean’s Merit Scholarship, and was awarded the Dean’s Certificate of Achievement in her Patent Law course. Ms. Malloy is a law clerk at the firm and assists attorneys by drafting patent applications, performing legal research, and preparing for litigation.
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