Panavision Int’l, L.P. v. Toeppen, 141 F.3d 1316, 46 U.S.P.Q.2d (BNA) 1511 (9th Cir. 1998)

This case was brought before there was either ACPA or the UDRP. Toeppen obtained domains reflecting the trademarks of third parties such as and,, and  In the case of Panavision, he displayed an image of Pana,

We continue our Forward into the Past reconnoiter of Internet law with Zippo dot com, a WD of Pennsylvania decision which seemed to authoritatively resolve the question of what is the proper test for evaluating whether a defendant’s contacts with a forum over the internet are sufficient for asserting specific jurisdiction over that defendant.

Hermès owns various trademark registrations for the marks Hermès, BIRKIN, and in the configuration of its BIRKIN bag. Defendant Mason Rothschild, is a digital artist who created a METABIRKINS line of NFTs, digital art pieces that depict furry versions of the BIRKIN bag. The digital pieces are offered for sale at approximately 3 ETHER each,

Defendant moved to dismiss plaintiff’s claims for statutory damages, as its infringement began prior to the filing of plaintiff’s earliest copyright applications. Plaintiff argued that defendant’s ongoing infringement, which occurred subsequent to plaintiff’s latest filings, would be subject to possible statutory damages.

Held: plaintiff given leave to plead with specificity whether defendant’s infringing activity of

Although plaintiff Remy Martin owns a registration for its claimed trade dress in its cognac bottle, and even though it provided images of the drawings from its registrations and of the relevant bottles, plaintiff did not clearly and separately identify the elements of its claimed trade dress. Its trademark claims were dismissed with leave to

The Cuban government seized Bacardi’s assets in Cuba in 1960. While the assignee of those rights may not lawfully utilize the mark in the U.S., the U.S. government will not extinguish any rights the assignee may have in the U.,S. Bacardi has been fighting this for decades. Coverage of the HAVANA CLUB saga here.