Vans Inc. convinced the Second Circuit to maintain a trademark injunction against MSCHF Product Studio Inc. over the sale of “Wavy Baby” shoes, which look similar to Vans’ “Old Skool” shoes but are distorted by a wave.
A three-judge panel for the New York-based federal appeals court concluded Tuesday that “no special First Amendment protections apply to insulate MSCHF against Vans’ trademark infringement claim.”
The dispute hinged on the Rogers test, a legal doctrine that attempts to balance trademark rights with free speech.
MSCHF, a Brooklyn-based art collective, is well known for releasing high-profile, satirical art “drops,” including modified Nike ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.