The Trademark Turmoil and Copyright Chaos of Mschf’s Mayhem

Mschf is a self-proclaimed “product studio” and “art collective” potentially exercising its First Amendment right to display and distribute anti-establishment art. Some brand owners and copyright owners, including Nike and Vans, have challenged whether Mschf’s lucrative and headline-grabbing projects are permitted parodies under the First Amendment. Court outcomes have, thus far, been inconsistent.

This CLE will examine select Mschf projects through an intellectual property lens, exploring the conceptual and court-drawn fine lines between art and infringement.