Plaintiff obtains prelim injunction regarding Pepsico’s use of MTD DEW RISE ENERGY trademark. Pepsico has appealed.
Text of decision:
Forward into the past – reconnoitering the golden oldies of Internet law:
Bensusan Restaurant Corp. v. King, 126 F.3d 25, is a 1997 United States Court of Appeals for the Second Circuit case that helped define the parameters of personal jurisdiction in the Internet context, specifically for passive websites that only advertise local services. The opinion, written by Judge Ellsworth Van Graafeiland, affirmed the United States District Court for the Southern District of New York‘s holding that defendant Richard B. King’s Internet website did not satisfy New York’s long-arm statute requirements for plaintiff Bensusan Restaurant Corporation to bring a trademark infringement suit in New York. The District Court’s decision also likened creating a website to merely placing a product into the stream of commerce, and held that such an act was insufficient to satisfy due process and personal jurisdiction requirements
Facebook withstands motion to dismiss against allegedly related domain name companies.
Text of decision in Facebook v OnlineNic re motion to dismiss here:
Class action under New York State GBL 349 and 350 relating to allegations that Coleman Coolers do not in fact keep ice frozen for 5 days. Discussion of proper pleading of causality.
Text of decision: sdny decision nys gbl 349 pleading coleman
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, which at today’s exchange rate of $3350, is approximately $10K.
Rothschild uses the domain name metabirkin.com, social media handles such as @metabirkins, and names his store on marketplaces such as Raribles.com as METABIRKINS.
Hermès has now sued. for infringement, dilution, and cybersquatting.
There is an interesting Rogers Test (artistic relevance) issue in some of these NFT cases.
Text of decision here: sdny hermes v rothschild complaint
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 the material contained in the new filings, began subsequent to those new filings.
Text of decision:
big run v avia nd cal
Application of multi-factor first-to-file rule in SDNY copyright action, resulting in transfer to Mississippi.
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 replead.
Text of decision: remy martin v sire sdny bottle
Class action alleging various New York state torts including false advertising arising from the Jets and Giants identifying themselves as New York teams when they play in New Jersey. Note to out-of-towners – both the Jets and the Giants have w-l records of 4 and 12.
Text of complaint in Suero v Jets and Giants jets and giants 1_22-cv-00031-AJN_1_PRIMARY DOCUMENT
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.
Text of complaint in Bacardi v PTO: bacardi v pto complaint