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this post was submitted on 26 Jan 2024
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Neither example is copyright infringement. The first-sale doctrine allows secondary markets - you are fine by copyright to sell your bedicked shoes to someone.
You're not just reselling, so the doctrine doesn't apply.
By selling the bedicked shoe as Nike you are implying that Nike has made this "offensive" shoe and are selling it.
If you do lie to the buyer that it was a brand new Nike shoe, it'd be the concern of the sales contract between you and the buyer, and trademark law.
I'll call it
"Brand new shoes by Nike"
And add a disclaimer
"This is not brand new shoes from Nike".
Do you think it will protect me from Nike?
You'd have to be careful about Nike's trademark and the sales contract between you and the buyer. In the George Carlin case, neither of these apply.