Baker Creek Heirloom Seed filed a lawsuit against Buy Rare Seeds Inc. claiming cybersquatting, trademark counterfeiting, trademark infringement, false advertising, trademark dilution, and unfair competition. To win a cybersquatting claim, you must show they registered in bad faith.
Hermès alleged defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in Birkin word mark and design. Jury disagreed with Rothschild rejecting his First Amendment defense, finding him liable for trademark infringement trademark dilution.
Is imitation the sincerest form of flattery? Not according to brand owner Jack Daniel's Properties, Inc., ("JDPI"), which owns the JACK DANIEL'S source identifiers for alcoholic beverages and other goods – most notably, whiskey.