MSCHF Testing the Limits of Free Speech, by attorney Thomas James

Thomas B. James Minnesota attorney explains what is going on and what is at stake in Vans v. MSCHF, the "Wavy Baby" shoe case. The ultimate question is whether trade dress (in this case, product design) can be considered "expressive" in the First Amendment sense, such that it does not result in trademark infringement liability even if it is confusingly similar to an existing trademark.