The Second Circuit affirmed the decision of a federal district court in New York granting Vans Inc. and VF Outdoor LLC a preliminary injunction and temporary restraining order in this trademark and trade dress infringement action against MSCHF Product Studio Inc. The appeals court said that Vans is likely to prevail in arguing that MSCHF’s Wavy Baby shoes used Vans’ marks and trade dress as source identifiers. And the Second Circuit said that the district court didn’t err in requiring MSCHF to escrow its revenues from Wavy Baby sales, and that it wasn’t required to make a bond determination because ...
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