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Second Circuit Hands Vans a Win in First Appellate Decision to Apply Jack Daniel's | Insights

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.
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Source: gtlaw.com

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Second Circuit Upholds Injunction for Vans Based on Jack Daniel's Ruling

The U.S. Court of Appeals for the Second Circuit today invoked the Supreme Court’s decision in Jack Daniel’s Properties v. VIP Products to affirm a district court’s finding that MSCHF Product Studio, Inc.’s shoe, the Wavy Baby Sneaker, likely infringed Vans, Inc.’s Old Skool shoe.
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Thirty-Five Years of the U.S. IP System, Part II—AIA Through Today

In Part I of this article, I recalled the early years of the U.S. Court of Appeals for the Federal Circuit, when the court was working well, and how it all went wrong. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy. 
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