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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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[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. If a new user re-registers a name whose registration is expired, a new token is created. If a new user re-registers a name whose registration is expired, a new token is created.

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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. The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services.

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Copyrighting the Ogopogo Monster: The © story behind the news story

The IPKat

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered.

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Protecting Product and Packaging Designs in China Part II – Copyright

LexBlog IP

and Nanjing Mengyang Furniture Sales Center ,” issued in 2021, China’s Supreme People’s Court (“SPC”) confirmed that works of applied art could be protected as work of fine arts under China’s copyright law. Specimen of work in the copyright registration of Crosplus Home Furnishing (Shanghai) Co.,

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Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. 10 of 2021, dated May 21, 2021. registration requirements. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Introduction. MOCI Regulation No.

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Dastar prevents misrepresentation of source of IP from being material

43(B)log

2021 WL 4340824, No. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity--I'm not sure materiality is really the right characterization, but ok. Restellini v. Wildenstein Plattner Inst., 4388 (AT) (S.D.N.Y.