What’s Happening in the Nike Versus StockX Lawsuit
Originally Published11 May 2022
In what appears to be an ongoing legal feud between and has now flared up once again! According to , Nike has requested (to a federal judge) that they add ‘claims of counterfeiting and false advertising’ to their existing trademark-infringement lawsuit with the secondary marketplace platform. These additional claims are the result of Nike alleging that they have purchased four pairs of fake shoes from StockX.
As per the court filing, Nike stated: ‘Those four pairs of counterfeit shoes were all purchased within a short two-month period on StockX’s platform, all had affixed to them StockX’s ‘Verified Authentic’ hangtag, and all came with a paper receipt from StockX in the shoe box stating that the condition of the shoes is “100% Authentic”.’
Nike originally filed the lawsuit earlier this year in February over StockX’s ‘Vault’ NFTs which featured the Swoosh’s sneakers. Then in April, the resell giant hit back, saying that the claims made ‘lack merit, disregard settled doctrines of trademark law (including those of first sale and nominative fair use) and show a fundamental misunderstanding of the various functions NFTs can serve.’
Prior to that and in defence of their NFTS, StockX responded, with an excerpt reading, ‘The benefit of taking possession of the Vault NFT…is that the owner can make a future trade without incurring transaction costs, delay, or risk of damage or loss associated with shipping physical sneakers to StockX and then to the ultimate recipients.’