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

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

CIPLA – New Haven, Connecticut: March 30, 2022

Slides:

CIPLA NFT final

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

SLIDES FOR THE PRESENTATION:

Conner Inn Birkens and NFT

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