Mary Kate Brennan is an associate at Finnegan and focuses on trademark and copyright litigation with a specific practice focus on anticounterfeiting. She works with a wide variety of domestic and international clients, including those in the fashion, luxury, consumer goods, and media industries. In addition to having an LLM in Fashion Law, she is co-chair of the New York City Bar Association’s Fashion Law Committee, regularly volunteers at the Fashion Law Institute’s Pop-Up Clinics, providing pro bono assistance to designers and fashion industry professionals, and guest lectures on fashion law at LIM College in New York City.
StockX, which describes its e-commerce resale platform as “[t]he current culture marketplace,” is primarily used by consumers to resell and buy sneakers, among other items. In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Swiftly thereafter, Nike sued StockX in the United States District Court for the Southern District of New York (SDNY), alleging that StockX’s use of Nike’s famous marks in connection with its NFTs constitutes trademark infringement. Nike, Inc. v. StockX LLC, 1:22-cv-00983-VEC. In its original February 3, 2022, complaint, Nike alleged that StockX mints NFTs using Nike’s trademarks without authorization and sells them to consumers, who either believe or are likely to believe that StockX’s NFTs are connected with Nike when they are not.