Using the Nike v. MSCHF lawsuit over Lil Nas X’s “Satan Shoes” as an example of why you might want to trademark your logo, and not rely on copyright.

Copyright is an automatic, freely given right a company has as soon as they design their logo or pay someone to design it work them. No person can copy that logo in any form without a license from the copyright holder.

But copyright may not be enough. Trademark is a tool for legal protection of names and symbols a company does business under. Trademark law is there to prevent confusion in the marketplace; if a customer sees a logo, then they can rest assured, it is from the company they expect it to be from.

Lil Nas X’s “Satan Shoes” have the Nike “swoosh” on the side. Even though they are modified and sold by MSCHF, many consumers believe that the shoes are endorsed by Nike, which they are not.

Video

Nordeau’s founder and principal designer, Colin Finkle, discusses the “Satan Shoes” lawsuit and the difference between the rights afforded to Nike from copyright v. trademark.