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Nike has filed a federal trademark infringement lawsuit against MSCHF shoes that released a controversial customized version of its sneakers “Satan Shoes” with rapper Lil Nas X. In the lawsuit filed today, Nike accused MSCHF Product Studio, Inc. of trademark infringement over the designer’s 666 pairs of modified Nike sneakers made in collaboration with the “Old Town Road” singer. All 666 pairs sold out Monday.

Fara Sunderji is a partner at the international law firm Dorsey & Whitney in its New York office. Sunderji has extensive expertise in all stages of trademark, copyright, clearance, prosecution, maintenance, enforcement, and litigation. Of the lawsuit she says,

“Nike’s swoosh is probably one of the most recognizable non-word trademarks in the world. You see it and you automatically think of Nike as the source of the good on which it appears. This is how trademarks are supposed to operate, as a source identified. Nike’s case here is pretty simple to understand: MSCHF is selling Nike Air Max 97’s that have been modified in a way in which Nike does not approve. People see these “Satan Shoes” and think they come from Nike and some people don’t like that. Nike, therefore, claims that the release of these “Santa Shoes” is harming its valuable brand,” Sunderji says.

“MSCHF will likely argue that they are protected under a theory called the First Sale Doctrine, which allows third parties to resell trademarked goods that have already entered the marketplace. But the doctrine is limited to the sale of genuine goods. The doctrine is based on the premise that consumers are not being deceived because they are receiving what they have bargained for, the trademarked good. Under Second Circuit case law, goods are not genuine if they do not conform to the brand owner’s quality control standards, and it is easy to guess Nike’s take on this issue – Just don’t do it,” Sunderji says.

According to NBC News, the lawsuit states “We don’t have any further details to share on pending legal matters,” Nike said. “However, we can tell you we do not have a relationship with Lil Nas X or MSCHF.”

Trademark attorney Josh Gerben of Gerben Perrott PLLC stated to CNN Business that “It’s a legal rationale that grants artists who purchase and repurpose individual copyrighted products the ability to express and profit off their own creativity.”. He also pointed out Nike shoe redesigners like MSCHF commonly sell their work on online marketplaces. “You’ve got all kinds of artists that go out there and they take a shoe, and they’ll do a whole bunch of custom art on the shoe and maybe resell it for $1,000-3,000,” Gerben said. “This is something Nike is well aware of and has done absolutely nothing to mess with because there’s a sneaker culture here.”

Lil Nas X isn’t named as a party in the lawsuit. Representatives for the musician did not respond to calls or emails requesting comment.

The backlash from social media is incredible with thousands of people expressing their opinions with the shoes and the representation they bring:

South Dakota Governor Kristi Noem tweeted “Our kids are being told that this kind of product, is not only okay, it’s “exclusive.” But do you know what’s more exclusive? Their God-given eternal soul. We are in a fight for the soul of our nation. We need to fight hard. And we need to fight smart. We have to win.”.

Angela Stanton King, founder of American King Foundation, tweeted “I’m sitting here trying to figure out where Nike got the blood from for Lil Nas X 666 shoes (shoe emoji) …Who’s blood is it?”

NBA star Nick Young tweeted “My kids will never play Old Town Road again… I’m still debating about wearing Nike after this come Nike a drop of blood for real”.

On Instagram, celebrity musician Miley Cyrus shares a photo proudly wearing the controversial sneakers, captioning the post “Can you see Satan?”.

The controversial ‘Satan Shoes’ were strategically dropped after the release of Lil Nas X’s music video for “Montero (Call Me By Your Name)”, which has already been viewed more than 54 million times.

Lil Nas X took to Twitter in his true fashion posting “I spent my entire teenage years hating myself because of the shit y’all preached would happen to me because I was gay. So I hope u are mad, stay mad, feel the same anger you teach us to have towards ourselves.”

South Dakota Gov. Noem Exposes Vulnerabilities for All States Considering Anti-Trans Sports Bills

On Friday, March 19th, South Dakota Governor Kristi Noem issued a style-and-form veto of HB 1217, the anti-transgender sports ban bill that she had previously expressed excitement about signing. Having made several substantive changes to the legislation, including striking collegiate-level provisions from the bill, it will now be sent back to the legislature. This backtrack, by even an extreme governor with national political aspirations, exposes the economic, legal, and reputational threats these bills pose to states considering anti-transgender legislation and has sparked an uproar amongst conservative groups who see Governor Noem playing politics and trying to have it both ways.

Gov. Noem’s winding path from “excited to sign” to a veto

On March 8th, Governor Noem tweeted that she was “excited to sign this bill,” in reference to HB 1217, using the occasion of International Women’s Day to state her support for the bill under the fallacious frame of “protecting women’s sports.”
On March 11th, South Dakota Senator Reynold Nesiba expressed concern about losing an Amazon fulfillment center currently under construction in Sioux Falls and the 1,000 jobs that are promised to come along with it. A Greater Sioux Falls Chamber of Commerce spokesperson responded by saying that the local chamber is “very aware of the situation.”
Also on March 11th, transgender advocates marched at the Capitol in Pierre, South Dakota in protest of the bill. Later that day, Governor Noem pivoted from her earlier “excitement” to sign HB 1217, saying “we are still examining the bill.”
On March 16th, President of the South Dakota Chamber of Commerce Dave Owen publicly opposed the legislation, calling it “the worst bill that passed this session” and a day later, groups sent a letter urging Noem to veto HB 1217, including the Director of Public Policy for the Sioux Falls Chamber of Commerce, who cited potential economic fallout.
On March 19th, Governor Noem issued a style-and-form veto of HB 1217 with several substantive changes, including striking provisions that pertain to collegiate bans on transgender participation in sports, and sent it back to the legislature.
Argus Leader reporter Stu Whitney described Noem’s veto this way: “Shorter version: This bill is so ill-conceived, poorly written and damaging to South Dakota that I can’t sign it even though it would boost my national conservative political profile.”
South Dakota’s Republican legislative leadership issued a joint press release condemning Noem’s “unprecedented interpretation of the…style and form veto” as an abuse of power. The legislature will meet on March 29th to consider whether to accept Noem’s changes or abandon the bill altogether.

Today, Noem held a press conference standing alongside known anti-LGBTQ extremists to justify her veto

Today in a press conference, Governor Noem announced the creation of a coalition to “Defend Title IX Now” which appears to be a national list-building exercise by Noem, with a website created yesterday by someone in Ohio (coincidentally, Governor Noem’s campaign website was created by Ohio political consultants The Aventine Group). This website’s “paid for by” disclaimer refers to a committee that is not yet registered with the Federal Election Commission or the South Dakota Secretary of State’s office.
When asked in today’s press conference why she was pressing a ban on transgender student athletes when there are no transgender players currently competing in secondary school sports in South Dakota, Gov. Noem replied “it’s an issue because people are talking about it and for the future.”
Among the speakers in today’s press conference was former NFL player Jack Brewer who, in March of 2020, said that he opposed President Barack Obama for “normaliz[ing] the black gay culture.”
Noem said of HB 1217, that it was a “trial lawyer’s dream” that would open the state to litigation in its current form and expressed concern for NCAA repercussions, saying “if we’re going beyond [K-12] to the collegiate level…just know that we could face retaliation — it’s more than likely, and at that point, we would have to sue, which is a cost to the taxpayers.”

From praise to condemnation from anti-equality extremist groups

When announcing her support for signing the legislation, Noem quote-tweeted the American Principles Project.
But only weeks later, American Principles Project shared their condemnation of Governor Noem’s style-and-form veto of HB 1217, saying that she “[broke] her word,” “[froze] out advocates of HB 1217 and instead [took] advice from the bill’s most vocal critics,” and that “[b]y standing with Joe Biden and the radical left against protecting women’s sports, Noem has irreparably damaged her standing with both her own constituents as well as Americans nationally… This betrayal will have political consequences.”
The Alliance Defending Freedom, a Southern Poverty Law Center-designated hate group, went from support to condemnation as well, saying in a statement that Governor Noem “abuse[d]” her veto power to “cave to ‘woke’ corporate ideology.” They similarly called Noem’s actions a “betrayal” and characterized today’s press conference as damage control to rehabilitate her “credibility and political image.”
In reaction to today’s press conference, Sean Davis, co-founder of the conservative publication The Federalist tweeted: “Stop making excuses and insulting everyone’s intelligence and sign the bill already. This is embarrassing.”

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Gov Noem × Anti-Trans Sports Bills