Months after Nike put StockX on blast and accused the brand of selling them fake Nikes and Jordans, StockX is clapping back at the Swoosh and accusing it of acting shady around their legal requirements.
Nice Kicks is reporting that StockX has sent a letter to the judge overseeing their lawsuit with Nike and alleges that Nike hasn’t complied with their requests to provide documents in the discovery portion of the case. Meanwhile, Nike also claims that StockX is withholding documents of their own in the process including 427 requests for admission “RFAs.” Looks like both sides aren’t too comfortable giving up all the documents requested thus far. Why is anyone’s guess at this point.
Still, looking to salvage whatever’s left of their reputation, StockX is going on the offensive and saying that Nike’s legal team are “trying to bury StockX” with an enormous number of discovery requests and that the RFAs are “duplicative, burdensome, and inappropriate.”
Plaintiff Nike Inc. (“Nike”) brought this case alleging that consumers sold counterfeit goods on StockX’s secondary marketplace, yet has repeatedly refused to engage in discovery about Nike’s failure to stop those very unauthorized products from reaching the market, and to protect its brand and consumers from counterfeiters. While stonewalling to distract from its own conduct at every turn, Nike has sought to bury StockX in discovery requests – including its latest tactic of sending 427 requests for admission (“RFAs”) that are duplicative, burdensome, and inappropriate. Nike must be compelled to engage equally in discovery, and barred from using RFAs as a discovery device.
But that isn’t all. StockX is also taking Nike to task for the rumored “backdooring” methods they are said to be engaging in and putting a legal light on said practice in their filing.
Nike has refused to produce documents concerning Nike’s historical failure to control “backdooring” and/or counterfeiting of its own sneakers, as well as its public association with an extensive number of individuals (e.g., Lance Armstrong) or issues (e.g., conditions for Nike’s global employees) that have received public criticism.
StockX really throwing some haymakers in court right now, aren’t they? Are they trying to say Nike purposely allows and maybe even contributes to the counterfeiting of their own sneakers and thus, lowkey set up StockX’s authentication program to fail in the process? What do they know about Nike’s rumored backdooring of their products? Would StockX go all out and try to rope Marcus Jordan into this case to speak on the matter?
Whether or not Nike honors said requests remains to be seen, but best believe whatever they do the sneaker community will be eagerly awaiting the receipts as these are questions we’ve wanted answered for a while now. As sneakerheads, we really are interested in seeing what Nike has documented as far as backdooring and counterfeiting their own sneakers go.
What do y’all think of StockX calling out Nike like this? Let us know in the comments section below.
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