The trial in the case Hermès International v. Mason Rothschild [22-CV-384 (JSR) (S.D.N.Y. May. 18, 2022)] has begun on 30th January 2023 in the District Court of Southern District of New York. The case, the first of its kind, raises pertinent questions regarding the intersection between Trademark and Non-Fungible Tokens and the exception of artistic expressions under the Rogers Test. The discussion on the issues in the case has been summarised in this blog.
Read more about Can NFTs in Virtual Space Infringe ‘Real’ Trademarks?Tag: Lanham Act
The First Amendment strikes again
The Slants trademark dispute addresses whether the Lanham Act’s disparagement clause violates the First Amendment. The case ultimately led to a significant decision on the constitutionality of denying trademark registration for allegedly offensive marks.
Read more about The First Amendment strikes againTrademark Infringement on E-Commerce platforms: Google AdWord case
The Rosetta Stone v. Google case explores trademark infringement in the context of Google AdWords and e-commerce platforms. The legal proceedings underscore how courts assess consumer confusion and the functional use of trademarks in online advertising.
Read more about Trademark Infringement on E-Commerce platforms: Google AdWord case