SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

Trademark 123

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 123

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. There are notable exceptions.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Federici * Biosafe-One v.

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. Any literary work, text, music, videos, 3D paintings, images, software programs, avatar designs, art, or literature will get protection under copyright in the metaverse. that identifies a product or a service that is distinguishable by a common man.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. Is this Fair Use?

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. 218 (2017); Iancu v. Tam , 582 U.S.

Blogging 114

Blogging Trademark Branding Brands 114

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. There’s no roar quite like a Nittany Lion’s! ” Id.

Trademark 52

Trademark Registration Music Intellectual Property 52