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ARTICLE · 04 MAY 2022

Your Artwork On Product Can Violate Others TM Rights!

Khurana & Khurana, Advocates and IP Attorneys
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In a recent case, Nike contented trade mark infringement against MSCHF for using its IP without authorisation.

IndiaIntellectual Property

A Complaint was filed by Sportwear giant Nike against MSCHF for taking orders for its Satan Shoes, which were customized Nike Air Max 97 shoes, without Nike's approval. MSCHF is an American art collective based in Brooklyn, New York, United States which produces a wide range of artworks, ranging from laptops to sneakers, social media channels and photographs. The defendant customised Nike's shoes by adding red ink and human blood to the midsole, adding red embroidered satanic themed detailing, adding a bronze pentagram to the laces, and adding a new sock liner. A limited pair of 666 individually numbered shoes were released.  It also had a reference to a verse from the Gospel of Luke (10:18), which was the reason behind all the backlash it faced from the public who believed that it was an official collaboration with Nike.

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