Can Consumer Products Be 'Expressive Works'?

In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

9 minute readDecember 01, 2022 at 12:41 AM
By
Eric Alan Stone
& Catherine Nyarady
Can Consumer Products Be 'Expressive Works'?

The Lanham Act protects trademarks and trade dress by creating civil liability for unauthorized uses of valid marks and trade dress that are likely to cause consumer confusion. The Act's

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