Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2017: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

SpicyIP

AUGUST 22, 2022

Non-fungible tokens (‘NFTs’) have occupied a significant space in current legal discourse, in no small part due to the numerous legal questions that have emerged in their wake. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999. Ltd , Hawkins Cookers Ltd.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IIPRD

JUNE 9, 2024

This historic ruling created a precedent for companies looking to protect their trademarks in the metaverse and sparked debate about whether Non-Fungible Tokens (NFT) are protected by intellectual property laws. The jury gave Hermès a damages award of almost $133,000.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 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