Remove 2021 Remove Artwork Remove Contracts Remove Ownership
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Africa IP highlights 2021 #1: The copyright field

The IPKat

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. Interested readers can find the Africa IP Highlights 2020, here.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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[Guest post] Free Holdings case raises important issues regarding the legal nature of NFTs

The IPKat

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. On 30 April 2021, Free Holdings, a Canadian company, re-registered McCoy’s Quantum name in the Namecoin blockchain. McCoy’s registration on the Namecoin blockchain expired In January 2015.

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The Growing Popularity of NFTs: How to Protect Your NFT Personal Property Rights

LexBlog IP

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. By: Joshua Durham. With an astounding $17.7 What is the (Legal) Bottom Line?

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate.

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Dec 21, 2021. Dec 15, 2021. As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product.

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UPDATE—New York Court Awards Statutory Prejudgment Interest to Grünbaum Estate’s Heirs

LexBlog IP

In an unprecedented holding on July 12, 2021, the Commercial Division of the New York State Supreme Court, County of New York, applied the prejudgment rule in favor of the rightful owners of two Egon Schiele paintings. ” [9] Thus, Nagy argued, the Heirs’ replevin of the Artworks “made them whole.” ” [2].

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