A judge came down on Nike and StockX for “unprofessional” behavior in the context of an ongoing lawsuit between the two parties.
“The Court notes that the bickering in the parties’ briefs, and their numerous letters to this Court, have veered toward the unprofessional in a manner unbecoming the experienced and competent counsel who are appearing in this matter,” wrote Judge Valerie Caproni in an order siding with a discovery request from Nike on Wednesday. “The Court expects counsel to work together professionally and collegially in the future.”
Nike initially filed a lawsuit against StockX in February, alleging that the sneaker resale marketplace used Nike’s trademarked logos and products in attempts to enter the NFT, or or non-fungible token, market. According to the initial complaint, which was filed in a United States District Court in New York, StockX was minting, marketing, and selling NFTs that bore Nike’s trademarks at “heavily inflated prices” without the approval or authorization of Nike.
Nike later added claims that accused StockX of willfully selling counterfeit products and misrepresenting its authentication services. StockX clapped back at Nike over these claims in a response filed in U.S. District Court in New York City on June 6. In the filing, StockX defended its anti-counterfeiting measures and said Nike’s “new-found litigation position” is “suspicious at best” as the brand had previously praised them.
StockX also claimed that Nike has previously tried to work with StockX and invited StockX to “join an anti-counterfeiting counsel with the United States Department of Homeland Security.”
In March, Nike submitted a letter to the court describing how StockX sold 38 counterfeit Nike sneakers to a sneaker collector, which Nike confirmed were fake.
FN has reached out to both Nike and StockX for a comment regarding the latest update in the suit, which is ongoing.
Nike is generally known to take legal action to protect its trademarks. In December, Nike filed a trademark infringement lawsuit against Nickwon Arvinger and David Weeks of By Kiy LLC (known as “Kiy”), as well as Bill Omar Carrasquillo (known as “Omi”) of Reloaded Merch LLC, accusing them of knocking off its Air Jordan 1 and Dunk sneaker styles. In January, the brand accused footwear brand Bape of copying some of its sneaker designs in a trademark infringement lawsuit.