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
Defendant Rothschild’s memo of law in support of motion to dismiss hermes def memo of law iso mtd
SLIDES FOR THE PRESENTATION:
Good video explainer:
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
JLM Couture v Hailey Paige Gutman:
Second Circuit decision involving an intellectual property dispute between a high-profile influencer and her business partner.
Hayley Paige is a bridal gown designer. She sold her business several years ago to JLM and in so doing assigned rights in her name – she allowed the business to register
Class action targeting non-functional slack-fill, also known as empty space, in Annie’s Fruit Snacks, dismissed. There were no allegations that the packaging was deceptive with regard to the weight of the snacks – and thus the slack-fill was not materially misleading.
Media coverage of original complaint in Klausner v Annies here.