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The early frontrunner for IP case of the year is on the books and in the news. Just about a week old, the case already involves one of the world’s biggest consumer products companies, two high-powered, old-guard New York City Biglaw firms, a world-famous hip-hop artist, and everyone’s favorite villain, Lucifer (aka Satan). Quite a mix and it is no surprise that the dispute almost immediately captured headlines in both the mainstream and IP media.
For those who haven’t heard by now, America’s leading sneaker company, Nike, was forced to obtain a temporary restraining order against a New York City-based design studio (or in the words of their counsel an “art collective”) called MSCHF. Why? Because MSCHF had followed up on its October 2019 release of the “Jesus Shoe” (repurposed Nike Air Max’s that are allegedly now displayed as works of art in museums, or available for just $3,000 at one reseller) with the less-welcome sequel at least in Nike’s eyes