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Quand il pleut, il pleut
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Join Date: Aug 2009
Posts: 82,202
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Quand il pleut, il pleut
Join Date: Aug 2009
Posts: 82,202
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...it does seem to be the human blood and ‘Satan’ aspect that Nike object to specifically because they don’t want any ‘satanic’ attachment to their image...this seems to be a company that ‘customises’ certain brand products as limited editions and then sells them for huge amounts...?...it’s surprising if no one has sued before...it’s not the first time that they’ve ‘religiously converted’ Nike Air Max apparently...they transformed some into ‘Jesus shoes’ at one time with their soles filled with holy water...(...soles to purify the souls...?...)....they didn’t use real blood, they added red paint/colouring or some such to depict the blood of Christ and one had a crucifix fastening replacing the lace and they ‘soled out’ within hours for up to 3000 dollars...(...I don’t know the cost of an uncustomised/regular pair...)...anyways, they weren’t objected to by Nike because they felt okay with that Jesus of walking on water image and concept but not the satanic ones...
...an interesting thing...something similar was apparently done with some Barbie dolls by a company, I’m not sure if it’s the same company...they were customised into ‘dismembered Barbie’....and Mattel tried to sue also for copyright infringement and they lost their case...
...this is part of what the company have said ....
It’s fine to directly resell products, Roberts says, and it’s legal to advertise goods while mentioning somebody else’s trademark. You can also do things like dismember Barbie dolls and sell pictures of them as art. “But what about the businesses making jewelry out of authentic Chanel buttons, or cutting fringes into genuine Vuitton bags?” Earlier this year, in fact, Chanel sued a company for “misappropriating” its brand for recycled button earrings.
Basically, MSCHF bought shoes that it could legally resell using Nike’s branding, but it heavily modified them into what’s arguably a new product whose quality Nike can’t control, then sold them as a commercial good rather than a traditional art piece. Depending on how a court weighs all those factors, it could create a precedent for future cases. “I think other high fashion brands will be keeping a close eye on this case,” Roberts says.
...and as it says, this case could create a precedent so it’ll be really interesting to follow...
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