INTA Asks Second Circuit to Limit Rogers’ Definition of ‘Expressive Work’ to Prevent Application of Test on Ordinary Consumer Products

On June 24, the International Trademark Association (INTA) filed an amicus brief in Vans, Inc. v. MSCHF Product Studio, Inc., a case currently on appeal from the Eastern District of New York to the U.S. Court of Appeals for the Second Circuit. In the brief, INTA urges the Second Circuit to clarify the kinds of “expressive works” to which the Rogers test may be applied, and in such a way that the use of Vans trade dress on sneakers sold by MSCHF Product Studio would be actionable for infringement and not protected by the First Amendment simply because MSCHF claims the sneakers are works of art.Read More