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The Battle Over The Birkin Continues: Hermes v. Rothchild Update

New York Southern District Judge Jed Rakoff has rejected artist Mason Rothchild’s motion to dismiss Hermes International S.A.’s lawsuit over his sale of non-fungible tokens called “MetaBirkins”. Judge Rakoff said he would lay out his reasoning in a later opinion. In the meantime, the case continues to be observed for its potential to explain trademark law’s applicability to NFTs. The case is Hermes Int’l v. Rothschild, S.D.N.Y., No. 1:22-cv-00384.

Vegadelphia Sues Dunkin Donuts and Beyond Meat Over Slogan for Plant-Based Breakfast Sandwich

A Philadelphia-based vegan food company recently sued Dunkin Donuts and Beyond Meat in the U.S. District Court for the Middle District of Florida.  At issue in the case is Dunkin Donuts’ and Beyond Meat’s alleged used of Vegadelphia’s trademarked slogan: “Where Great Taste is Plant-Based.”  In the lawsuit, Vegadelphia alleges that Dunkin and Beyond Meat promoted their breakfast sausage sandwich using the phrase:  “Great Taste, Plant-Based.”  Vegadelphia further claims that the defendants “knew about this federally registered trademark on information and belief when they adopted the indistinguishable ‘great taste, plant-based’ slogan for a celebrity-laden national advertising campaign supporting their Beyond Sausage meat substitute menu item.”  Vegadelphia is seeking an undisclosed amount of damages as well as injunctive relief preventing any further use of the trademark.

Google Files Application for PIXEL WATCH

For years, buzz has circled around whether Google would enter into the smart watch arena.  It appears the wait is now over, as Google recently filed a trademark application for PIXEL WATCH in connection with smartwatches and smartwatch accessories.  Although dates have not yet been confirmed, news leaks are reporting that the wearable device from Google may be announced as early as May, and be available for purchase in October.

Firm Partner, Meredith Frank Mendez, Chairs the 2022 Florida Bar IP Law Symposium, Associates Also Presenting

Firm Partner, Meredith Frank Mendez, is the Chairperson of the 2022 Florida Bar Intellectual Property Law Symposium, the premier event in the state for members of the IP Bar.  Held at the Biltmore Hotel in Coral Gables on April 28 and 29, the IP Symposium will feature a series of case study panel discussions covering a wide range of IP law topics, including a mock summary judgment argument before Honorable Lisette Reid from the Southern District of Florida and Honorable Julie S. Sneed from the Middle District of Florida, and the impact of the American Axle & Manufacturing, Inc. case on Section 101 of the Patent Act case with panelist, Honorable Paul Michel, former Chief Judge of the Federal Circuit. Panel discussions will also include relevant new topics such as NFTs and Name, Image, and Likeness in college athletics. The IP Symposium will also have a panel with David Carson, one of the first Copyright Claims Officers at the U.S. Copyright Office to discuss the recently-formed Copyright Claims Board. Each of the panels is expected to cover some of the more advanced aspects of IP.  The Keynote Speaker on Thursday is the Director of the U.S. Patent and Trademark Office, Drew Hirshfeld, who will be giving a “fireside chat” about many relevant topics, including the Trademark Modernization Act. The keynote speaker on Friday will be Dennis Crouch, author of the popular Patently-O blog that is regularly read by most U.S. patent law professionals. Firm Senior Associate, W. John Eagan, also will be presenting the patent section of the “Year in Review” program and Firm Associate, Cleo Suero, will moderate a panel about NFTs on April 29.  For more information: https://member.floridabar.org/s/lt-event?id=a1R1R0000088zSaUAI#/Agenda%20-%20Speakers