Intellectual Property Litigation: Trademarks, Consumer Products, And the First Amendment

Litigation partner Catherine Nyarady’s latest intellectual property litigation column, “Trademarks, Consumer Products, And the First Amendment,” appeared in the November 9 issue of the New York Law Journal. The authors discuss Vans v. MSCHF Prod. Studio, a trademark infringement case under the Lanham Act currently on appeal in the Second Circuit. The case presents the question of whether consumer products such as sneakers can be considered “expressive works” to which First Amendment protections against Lanham Act claims can apply. Litigation associate Michael Milea assisted in the preparation of the article.

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