Nike and StockX have been embroiled in a series of legal battles since the announcement of StockX’s involvement in the NFT space. Nike alleges that StockX infringed on its trademark with its NFTs and that the marketplace is selling counterfeit goods.
As the lawsuit moves through the discovery phase, the two sides are exchanging information to prepare evidence and witnesses. Monday, the sides submitted their arguments, and lawyers for both sides are alleging that there are inadequate submissions for the discovery phase. In a letter to the judge, StockX claims that Nike has failed to provide documents in discovery. StockX says that the Swoosh is attempting to distract from their own less-than-savory actions and issuing excessive evidence requests in an attempt to stifle StockX with 427 requests for admission (RFAs). StockX claims that Nike’s requests are “duplicative, burdensome, and inappropriate.”
StockX has called out the sneaker giant, asking that Nike’s request for admissions be refused due to insufficient information such as how Nike identifies counterfeit products, and taking aim at the claims at Nike’s allegations of trademark dilution and “reputational harm” stating that Nike has failed to address its own claims of backdooring sneakers and worker conditions.
You can read excerpts of the court filings below.
Images via Court Listener