Re:'Satan Shoes' to be recalled as Nike agrees to settle law...
by pseudalopex on Friday April 09, 2021 @01:18AM
(#26746972)
You can watch a lawyer explain it.[1] There's an exception to the first sale doctrine when the goods are materially altered. And Nike claimed trademark dilution by tarnishment too.[2]
[1] https://www.youtube.com/watch?v=GuYd4RP0_qk
[2] https://en.wikipedia.org/wiki/Trademark_dilution#Blurring_an...
I wonder if Nike ever had any intent of winning this case, had it reached court. Given the First Sale Doctrine, I don't know what Nike could do to prevent their customers (MSCHF included) from reselling modified Nike apparel.
(Cannot emphasize enough IANAL)