MoMa TM Not Famous Enough For Infringement, Cafe Claims

Law360 (May 22, 2018, 7:18 PM EDT) -- Matcha Japanese tea powder aficionados operating Manhattan’s MoMaCha cafe urged a New York federal judge on Monday to toss the Museum of Modern Art’s claim alleging the cafe dilutes its trademarks, saying MoMa’s infringement suit fails to demonstrate its nickname, word marks and logo are truly famous.

MoMA’s complaint states six claims, including one for trademark dilution under the Lanham Act, but that claim does not plausibly allege the museum’s mark is ”truly famous,” according to MoMaCha. A trademark must be widely recognized by U.S. consumers — think Budweiser beer, Camel cigarettes and Barbie dolls — and the museum fails on...

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