StockX and Nike have been neck and neck as seen in the court filings from August circulating online. Uploaded by @SneakerLegal on X, the filing indicates that Nike is accusing StockX of willful counterfeiting and false advertising. The motion was triggered by the trial's discovery phase, wherein StockX conceded to letting 77 pairs of unauthenticated Nike and/or Jordans go through authentication.
As seen in the filing,
"StockX’s argument that Nike merely discovered 77 physical counterfeit pairs (which it liberally construes as a ‘handful’) does nothing to avoid judgment in Nike’s favor on counterfeiting and false advertising and is appalling coming from a platform that promises consumers to shop with ‘complete confidence’ ‘every time’ and that ‘nothing slips through the cracks."
However, StockX has pushed back on Nike's claims, as seen in a statement on X:
"Nike’s claims are completely misguided. Contrary to their allegations, StockX is a leader in the fight against counterfeiting, a pervasive issue affecting brands globally."
Nike accuses StockX of willfully cheating its customers, StockX pushes back
According to the court filings, several popular pairs like Ben and Jerry’s “Chunky Dunky” SB Dunk, the Grateful Dead SB Dunks, Off-White x Air Jordan 2s, and more, have been circulating online. Nike also accused the re-seller of being clueless about just how many fake sneakers they have sold.
Furthermore, the behemoth also uncovered a fraudulent ring that managed to sell almost 2,000 counterfeit shoes on the StockX platform before shutting down. StockX contends that it stands true to its commitment to its customers, noting, in a statement on X that came out on November 16:
"It’s why verification has been at our core since inception, and because of our leadership in this space Nike has previously recommended StockX to its customers, partnered with StockX, and praised StockX as “a good actor.” We have invested millions of dollars in technology, training, and tooling to deliver on our commitment to our customers, and we stand behind our verification process with our Buyer Promise."
The statement goes on:
"The products in question in this case amount to a mere 0.0004% of the 17.8 million Nike sneakers StockX reviewed while this litigation was ongoing. Compare that to the more than $80,000,000 of suspected counterfeit sneakers alone that StockX has prevented from being sold on our platform. StockX has long done our part to prevent bad actors from trading on our platform, but we can’t do it alone. It’s a shame that rather than work with us to fight fakes, Nike has opted to use its resources to pursue meritless, expensive litigation and persecute a company that has long worked to fight the prevalence of counterfeits."
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Nike filed the lawsuit against StockX in February 2022, accusing the latter of infringing on the trademarked NFTs. Things continued to escalate from there, with Nike eventually doubling down with the unauthenticated shoe claims.
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