RISE for nitro-brewed canned coffee against MTN DEW RISE for energy drink. 2d Circuit held that District Court made a significant error in holding that RISE was inherently string and had acquired strength.
Text of Second Circuit decision in RiseandShine v Pepsi:
BBK Tobacco & Foods LLP, Plaintiff, v. Central Coast Agriculture Incorporated, et al., Defendants, No. CV-19-05216-PHX-MTL (07/19/2022)
Defendant’s motion for summary judgment granted. Def. uses RAW GARDEN for cannabis extracts, plaintiff sells tobacco and rolling paper under the RAW mark.
Comprehensive discussion of admissibility of testimony from various types of experts, including discussion of
MATTEL, INC. v. WWW.FISHER-PRICE.ONLINE, No. 1:2021cv09608 (S.D.N.Y. 2022) (Liman, J.)
Mattel wins default judgment over unknown Chinese cyber-squatter/counterfeiter.
Personal jurisdiction established through attempt at trap-buy.
TRO had been entered against financial institution, permanent asset freeze entered against institutions in active cooperation with defendant’s operation of the website.
Text of decision in Mattel v Fisher-Price.Online: mattel
Russett v. Kellogg Sales Company, No. 7:2021cv08572 – Document 19 (S.D.N.Y. 2022)
Motion to Dismiss all causes, including N.Y. G.B.L. §§ 349 and 350 and related state torts granted:
“The photograph of the fresh half strawberry on the Product’s front label must be viewed in context. No reasonable consumer would see the entire product label
From the decision: Defendants’ Motion to Dismiss Plaintiff’s Complaint. filed by BET Productions IV, LLC, ViacomCBS Inc., Black Entertainment Television LLC. For the foregoing reasons, Defendant s’ motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff has adequately stated a claim for copyright infringement and may thus pursue discovery on this claim.
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
I’ve spent the past year and a half learning about Amazon’s—opaque, complex, ever-shifting—marketplace, from people who sell through it, from all over the world. Here’s my first piece about where most of most of what USians buy online comes from: https://t.co/rg7cnxF7X4
— Moira Weigel (@moiragweigel) April 22, 2022
Meta Faces Class Action Suit For ‘Epidemic’
Plaintiff and Defendant manufacture microphones (pictured above, plaintiff’s on the left). Plaintiff define its trades dress as:
(1) two vertical bars on either side of the microphone with two circular enclosures near the top and bottom, (2) a small portion of the microphone’s mesh protruding above the top circular enclosure, and (3) a threaded
Text of CD Cal decision in ConsumerDirect v Pentius:
CIPLA – New Haven, Connecticut: March 30, 2022
Slides:
ARTISTIC RELEVANCE DECISIONS
Trademark Reporter surveying artistic relevance/ Rogers decisions
TrademarkBlog links to Rogers test decisions
INTA Amicus brief in Bad Spaniels Bad Spaniels -Amicus-Curiae-Brief-of-the-International-Trademark-Association-in-Support-of-Petitioner Bad Spaniels -Amicus-Curiae-Brief-of-the-International-Trademark-Association-in-Support-of-Petitioner
Law Professors amicus brief in Bad Spaniels Prof Tushnet amicus bad spaniels cert
SDNY case