An original product may be sold on. A trademark owner cannot prevent this, as result of the exhaustion rule. The only exception being when the original product is altered, causing its condition to deteriorate. Additionally, there should be no suggestion of a commercial connection with the original seller.
This was the card Nike pulled as they had not been involved in the process and the modifications to the sole could even be dangerous to the user. Within several days it was announced that the case had been settled. All buyers could return the shoes to MSCHF and get a refund, Nike pleaded clean and Lil Nas X had had his fair share of media exposure. (Source image: Twitter)
