Current Legal Cases: Trademark Infringement

Understanding Trademark Infringement

Trademark infringement cases arise when marks that are the same or substantially similar are used in connection with the same or highly related goods or services. Such usage typically creates a likelihood of confusion and may be considered an infringement of the original mark.

Nike, Inc. v. StockX LLC – February 2021 (SDNY)

In this case, Nike, Inc. initiated legal proceedings against StockX, alleging trademark infringement, dilution, and unfair competition. The dispute centers around StockX’s offering of NFTs (Non-Fungible Tokens) featuring images of Nike footwear. These NFTs are also sold in conjunction with physical versions of the footwear. As of now, both parties are engaged in settlement discussions to resolve the matter.

Hermès International v. Mason Rothschild – January 2021 (SDNY)

Hermès International brought a lawsuit against creator Mason Rothschild, alleging trademark infringement, dilution, false designation, false description and representation, and dilution. The dispute arises from Rothschild’s offering of “Metabirkins” NFTs, which feature images of furry versions inspired by the famous Birkin bags. The most recent development in this case saw the court refusing Rothchild’s appeal, allowing the lawsuit to proceed.

In summary, these trademark infringement cases involve disputes over the usage of marks in connection with NFTs and other related goods or services. The outcomes of these cases will have implications for how trademark law is applied in the context of emerging digital assets and collectibles.