Nike Wins Evidence Ruling Amid ‘Bickering’ in NFT Trademark Case

A Manhattan federal judge chastised Nike Inc. and StockX LLC for “bickering” that “veered toward the unprofessional” while sustaining Nike’s objection to a magistrate judge’s evidence ruling.

Nike convinced Southern District of New York Judge Valerie Caproni to reverse a finding that documents related to an internal StockX investigation were shielded by work product privilege. Caproni said conclusions of StockX’s query into whether shoes sold to a customer were counterfeit weren’t protected—and even if they were, StockX waived the privileged.

The dispute is an early test case in how courts apply trademark law to NFTs. Nike sued StockX for minting ...