re: Breaking: Judge has ordered MSCHF to stop selling Lil Nas X’s “Satan Shoes”; Nike wins!

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His little marketing ploy won’t make up for the damages Nike will claim.

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Probably not, just trying to explain the diff in this and a used car.

But i stumbled on something else and companies have tried to have protection of reselling used or refurbished products with the trademark intact.

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The trademark owner, the party selling the reconditioned product, and the used product customer have different views and interests. The trademark owner ordinarily is interested in maintaining an absolute right to control its trademark and the quality of products sold under it. Often, however, this interest is based upon a desire to preclude resale of products so that new products must be purchased, thus preventing the prospective used product customer from acquiring the product at a reduced cost. The party selling reconditioned items is obviously interested in the business it has developed, which in many cases, involves millions of dollars. The product purchaser wants to buy a used article at a reduced price, believing that the product has certain qualities represented by the trademark imprinted on it.

These diverging interests have resulted in periodic litigation involving a wide range of products. Most recently, the issue arose in Nitro Leisure Products, LLC v. Acushnet Company, decided August 26, 2003, by the US Court of Appeals for the Federal Circuit ("CAFC"). In this case, Acushnet sought a preliminary injunction to enjoin Nitro's sale of reconditioned Acushnet golf balls bearing the Acushnet trademark TITLEIST. Acushnet's request was denied because it failed to show the unauthorized use was likely to deceive, cause confusion or result in mistake.

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And Nitro had a disclaimer that the balls are used and not endorsed by the original manufacturer. So a reasonable person would know these balls arent up to standards of the manufacturer.