ARTICLE
11 February 2022

Can Nike Prove A Trademark Infringement Of An NFT?

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Foley & Lardner

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Nike requested in the lawsuit that StockX cease and destroy all NFTs associated with Nike's trademarks and pay for damages Nike suffered.
United States Technology
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TheBlockCrypto.com reported that "The US-based sportswear giant Nike is suing StockX, an online resale marketplace selling shoes, streetwear and other goods, for trademark infringement, trademark dilution and other charges."  The February 7, 2022 article entitled "Nike sues StockX for trademark infringement in latest NFT mint" included these comments about the Nike, Inc. v. StockX LLC suit filed in the Southern District of New York on February 3, 2022:

Nike claims StockX allegedly sold Nike-branded non-fungible tokens (NFTs) that did not originate from Nike during a mid-January drop, using Nike's brand to sell digital assets at higher prices than the physical item that the NFT represents.

Nike requested in the lawsuit that StockX cease and destroy all NFTs associated with Nike's trademarks and pay for damages Nike suffered.

This will be an interesting suit to follow!

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