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Date: 02-07-2023
Case Style:
Hermes v. Mason Rothchild
Case Number: 1:22-cv-00384
Judge: Jed S. Rakoff
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney:
Defendant's Attorney:
Description: New York, New York intellectual property lawyers represented Plaintiff, which sued Defendant on a Lanham Act violation trademark infringement theory claiming that Defendant's 'MetaBirkins' non-fungible tokens, handing Paris fashion house Hermes a victory in a closely watched dispute that could impact future conduct in the world of fashion and NFTs.
"Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Trademark law is a federal issue, and as such, the Lanham Act is the federal statute which governs trademarks. To establish a violation under the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion." Legal Information Institute
Outcome: Plaintiff's verdict.
Plaintiff's Experts:
Defendant's Experts:
Comments: