SDNY: Judge Rakoff applies Rogers test to METABIRKIN NFTs. Plaintiff sufficiently pled that use of BIRKINS mark in relation to digital images of MetaBirkins likely clears “artistic relevance” prong. However, Hermes sufficiently pled that defendant’s use may have been explicitly misleading. For example, defendant had referred to the reputation of the BIRKINS mark and his

Justia.com Opinion Summary: Fortres develops and sells a desktop management program called “Clean Slate” and holds a federally-registered trademark for use of that name to identify “[c]omputer software used to protect public access computers by scouring the computer drive back to its original configuration upon reboot.” When Warner Bros. Entertainment used the words “the

Last night I took the family to see ’22 Jump Street’ (“Mindless fun” says The Trademark Blog. “Could have been a lot worse”) and we saw the trailer (above) for “The Interview,” a Seth Rogen/James Franco comedy scheduled for release this fall. The movie appears to be about an attempt to assassinate Kim Jong-un, the