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ARTICLE · 21 DECEMBER 2023

Second Circuit Hands Vans A Win In First Appellate Decision To Apply Jack Daniel's

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In Vans, Inc. v. MSCHF Product Studio, Inc., the first appellate court opinion to apply the U.S. Supreme Court's decision in Jack Daniel's Properties v. VIP Products, the U.S. Court of Appeals...

United StatesIntellectual Property

In Vans, Inc. v. MSCHF Product Studio, Inc., the first appellate court opinion to apply the U.S. Supreme Court's decision in Jack Daniel's Properties v. VIP Products, the U.S. Court of Appeals for the Second Circuit considered whether to recognize heightened First Amendment protection in a sneaker design and bypass the traditional likelihood of confusion analysis for trademark infringement suits.

Background

The Vans case involved a trademark and trade dress infringement lawsuit in which Vans claimed the design of MSCHF's "Wavy Baby" sneaker infringed upon Vans' rights in the design of its iconic "Old Skool" sneaker:

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Vans Old Skool sneaker Wavy Baby sneaker

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