MSCHF Settles Upgraded Shoe Dispute With Nike And Promises (Wink, Wink) To Buy Back Satan Shoes

from the good-luck-getting-those-shoes-back dept

There were actually a whole bunch of interesting legal questions raised by Nike’s trademark lawsuit against MSCHF the weird “structured chaos” organization that seems to basically sell publicity stunts as a business model. It had teamed up with the musician Lil Nas X to sell 666 pairs of upgrade Nike Air Max 97, complete with red ink (and, it claimed, a single drop of blood) inserted in the sole of the shoe. The lawsuit raised issues regarding first sale/resale rights, art, freedom of expression, trademark, ownership, property, dilution, confusion and more. And… all of it’s going nowhere, because a settlement has been reached.

This isn’t that much of a surprise. MSCHF execs have admitted in the past that lawsuits only raise their profile, which may be true, but they’re also crazy fucking expensive. MSCHF already got the benefit of the publicity bump from the lawsuit, and now probably sought to get things done and over with as quickly as possible — and that includes agreeing to issue a “voluntary recall” of the shoes — 665 pairs of which it had already shipped out. MSCHF also agreed to do the same thing for the much smaller number of Jesus shoes it had sold two years ago in a similar stunt.

Of course, the whole thing seems like a charade. It’s a voluntary recall, in which MSCHF is supposed to buy back the shoes at their original retail prices “in order to remove them from circulation.” But, uh, anyone who has those shoes in their possession now knows that these shoes are way more valuable because of this dispute. I’d be amazed if anyone actually agreed to sell the shoes back to MSCHF, because these shoes just went from already established rare collector’s items, to rare collector’s items with an even more insane story including the fact that Nike wants them to disappear.

In some ways, this form of settlement just shows how ridiculous the lawsuit was in the first place. Nike’s statement on the settlement is hilarious:

?As part of the settlement, Nike has asked MSCHF, and MSCHF has agreed, to initiate a voluntary recall to buy back any Satan Shoes and Jesus Shoes for their original retail prices, in order to remove them from circulation. If any purchasers were confused, or if they otherwise want to return their shoes, they may do so for a full refund. Purchasers who choose not to return their shoes and later encounter a product issue, defect, or health concern should contact MSCHF, not Nike.?

I mean, c’mon. No one who bought this shoe was “confused.” No one’s going to want to return it. And, no one’s going to contact Nike about any “defect” or “health concern.” The whole thing is silly. And yes, that’s even though there were some foolish pundits on certain infamous news channels who tried to make a culture war issue falsely claiming Nike was making these shoes. So, sure, Nike can point to the lawsuit as proof they had nothing to do with the shoes, but responding to the brigade of trumped up controversial people is lame. Pretty much everything about this story has been about posturing, rather than anything substantive.

Filed Under: , , , , , , , , ,
Companies: mschf, nike

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “MSCHF Settles Upgraded Shoe Dispute With Nike And Promises (Wink, Wink) To Buy Back Satan Shoes”

Subscribe: RSS Leave a comment
12 Comments

This comment has been flagged by the community. Click here to show it.

Public Relations Manager Dee Seaver says:

One suspicion you left out is Nike prior collusion, ALL PR stunt

Nike undoubtedly scored positive points with any even vaguely real Christian / Jew. And the old adage is ANY publicity is GOOD publicity.

However, even the most cynical can be mildly joyed that there still IS a line not to be crossed.

This comment has been flagged by the community. Click here to show it.

Public Relations Manager Dee Seaver says:

Re: One suspicion you left out is Nike prior collusion, ALL PR s

I note, Maz, that you do not specify human blood and would like to know how / why you omitted THE key fact. — ‘Cause I am that most cynical person.


After several clicks including new TOR route, removed the above text, then went in. Now, is that due to an Admin noticing and lowering the mighty "spam filter", or just weird artifact of operation? I doubt the latter, as how could any reasonable system let the same text in? Yesterday you implied that it "thinks", though, so maybe your cheap slow antique AI has to mull it over a bit, eh?

This comment has been deemed insightful by the community.
crade (profile) says:

Re: Re: One suspicion you left out is Nike prior collusion, ALL

"would like to know how / why you omitted THE key fact"

Because it would be the default assumption in this context? You don’t have to specify if it’s the default. If it was pig’s blood or something he might have mentioned.. If you are doing an article about a kitkat bar, you don’t need to specify it’s the "regular flavour" kitkat.. people can figure that out because you didn’t say "pigs blood flavour"

Also, we’ve all skinned our knees before you don’t have to act like anyone who’s ever bled is a witch or something

MightyMetricBatman says:

Re: One suspicion you left out is Nike prior collusion, ALL PR s

Take your "Judeo-Christian" nonsense elsewhere please.

At the very least, it demonstrates a monumental ignorance that somehow Judaism cannot exist without Christianity nor has an independent history of customs and ideas.

None of which care in any way about a Jesus or Satan shoe.

This comment has been deemed insightful by the community.
James Burkhardt (profile) says:

Re: One suspicion you left out is Nike prior collusion, ALL PR s

‘Saran’, a distinct individual who serves as an advisory to the almighty God, is not present in Jewish myth or religious practice. ‘Satan’ is an invention of christian translators whose depiction was fleshed out by Artists and writers, including Dante and his Inferno.

crade (profile) says:

Re: Re: One suspicion you left out is Nike prior collusion, ALL

First time in my bottomless naivety I read through the bible, I noticed there was no reference to satan in it anywhere and I went and looked up where it was supposed to be and I was not impressed. Noas ark? check. 7 Days? check. Job and the whale? check. Cutting off hair loses power? check. How can you claim to know the word of the lord when actually the lying scribes have written it falsely? check (best part!)
King of hell torturing bad people? Let me read again.. What there? common.

This comment has been deemed insightful by the community.
That One Guy (profile) says:

Good for all

This outcome seems like one that benefits both sides equally in that Nike has washed their hands of the whole thing by claiming that any shoes still in circulation are entirely MSCHF’s problem and MSCHF’s ‘products’ have the added benefit of becoming even more of collector’s items now, on top of the added attention the lawsuit and settlement created.

If MSCHF really is in this for the attention and to cause some ruckus then they got everything they could have dreamed of with this latest stunt.

That Anonymous Coward (profile) says:

Re: Everyone wins

Except for that whole pile of law that showed this wasn’t a trademark case & Nike would have had their asses handed to them after a long battle.
Of course if MSCHF could have been sure about being awarded fees, they would have pushed this to the limit.

conservative shoppers…
we’re okay with this being made by slave labor but you best not mention old scratch or we’re gonna have problems.
Huh… ignoring actual problems to focus on imaginary ones.

Leave a Reply to Toom1275 Cancel reply

Your email address will not be published.

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...