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Chante Westmoreland is an associate in the Intellectual Property Practice Group in the firm's Houston office.

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In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc. v. MSCHF Prod. Studio, Inc., 602 F. Supp. 3d 358 (E.D.N.Y. 2022). The Vans case and appeal had both been stayed pending the outcome of Jack Daniel’s.

Continue Reading Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

About

Chante Westmoreland is an associate in the Intellectual Property Practice Group in the firm's Houston office.

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