Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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TorrentFreak

JULY 31, 2021

The SportsBay domains currently link to the same web platform, which features artwork culled from the infamous Pirate Bay, although there appears to be no link to that site, branding aside. It targets four Doe defendants doing business as SportsBay.org, SportsBay.tv, Live-NBA.stream, and Freefeds.com.

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Copyright Lately

SEPTEMBER 12, 2022

Case in point is a recent ruling out of the Central District of California involving clothing brand Deadly Doll. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Other Applications of Section 113(c).

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SpicyIP

MARCH 16, 2025

1 failed to contest the case despite multiple opportunities and was found to have deliberately copied the plaintiffs branding, leading to consumer deception. The Court emphasized that counterfeiting is a blatant trademark infringement that not only misleads consumers but also erodes brand value, warranting strict legal action.

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The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”.

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Kashishipr

SEPTEMBER 20, 2021

According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original.

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Corsearch

AUGUST 24, 2023

In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Counterfeits Counterfeiting is a specific type of trademark infringement where exact copies of registered trademarks on products are used to deceive customers into believing they are buying from the original brand.

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IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. The submission of hard copies of the logos or decorations is essential.

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Intepat

DECEMBER 5, 2024

In one notable case, an NFT buyer of a famous digital artwork assumed they had purchased full copyright rights, only to find they could not legally reproduce or profit from the art without the creator’s consent. While NFTs verify the ownership of a digital item, they do not inherently transfer copyright to the buyer.

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IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!

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JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

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Corsearch

AUGUST 14, 2023

By following a series of steps, you can safeguard your brand reputation and prevent consumers from being misled. Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand.

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Corsearch

AUGUST 2, 2023

Your business has likely collectively spent countless hours and resources to build a strong brand presence on Amazon. However, counterfeiters will continuously undermine these efforts by listing counterfeit products and passing them off under your brand name. Copyright infringement as the unauthorized use of a protected work.

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IIPRD

OCTOBER 7, 2024

Moreover, the IPR eases the market development and establishes a solid brand identity. The environment is branded by the active interaction of various stakeholders, including the entrepreneurs, investors, incubators accelerators, and the administration forms. The Trade Marks Act of 1999 allows any startup to file trademarks.

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The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.

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Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. Therefore, it is advised that fashion designers register their artwork following the rules of the Designs and Copyright law. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

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The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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IP and Legal Filings

JULY 11, 2024

This includes all books, artworks, pieces of music, and other creations in any field or discipline. When a work is registered it grants the owner the sole right over the work in that he or she can copy the work, distribute it, perform it, display it or produce a new work from the original work.

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Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Unlike copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied.

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Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. If you are in that situation, perhaps not all hope is gone.

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Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress.

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IIPRD

NOVEMBER 1, 2023

The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Artwork based on such a notion presents challenges when attempting to establish ownership.

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The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

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LexBlog IP

JULY 13, 2021

Because NFTs are often digital artworks, it helps to think in terms of art. An NFT can represent anything in digital form, from visual artworks to music, multimedia, e-books and even digital trading cards. Similarly, one Bitcoin is interchangeable with another. The Mona Lisa is non-fungible.

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Traverse Legal Blog

AUGUST 15, 2022

Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece.

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The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? It emerges that brands should pay for the use of street artworks. For some artists, a simple copy of the work featuring their work is enough to compensate for the absence of their name.

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form.

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LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. The purpose of intellectual property law is to provide a legal framework to protect these creations from being copied or stolen. Trademarks: A trademark is a type of intellectual property that protects brand names and logos.

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IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Patents also provide inventors with temporary exclusive rights to their discoveries.

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IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Maintain your distinct brand identity. . Trademarks. The easiest method to accomplish this is to register a trademark.

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IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. The corporation also steps in cases of violation of the IP of the VTuber. [8]

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Garrigues Blog

JUNE 1, 2021

The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. The practical application of artificial intelligence in fields such as artistic creation or innovation poses a whole range of brand new challenges for IP. There will be a sequel!

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LexBlog IP

SEPTEMBER 15, 2022

” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork. ” Rothschild lost his motion to dismiss and is seeking certification for an interlocutory appeal. .”

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CopyrightsWorld

JUNE 10, 2021

Physical copy matters too! Source: After Brands Consultants/Behance. It’s from the same set of artwork for event promotion. Only looking at the desktop version is a big mistake. Also, nothing beats the authority you show when linking to your website instead of a Behance page. Source: NextPage Agency/Behance.

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Intepat

DECEMBER 12, 2024

Digital assets encompass a wide range of online-based entities, from virtual real estate and digital artwork to domain names and software applications. copyright laws, though applied to IP historically, are being extended to digital IP by clarifying rights over digital copies versus IP rights, especially when NFTs are involved.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. As major fashion brands launch their own non-fungible tokens, others are testing the limits of trademark enforcement in the digital realm, say Cynthia Walden and Sarah Kelleher of Fish & Richardson. Now, luxury brands and other apparel and consumer goods companies are diving in. NFTs are H ere to Stay.

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Traverse Legal Blog

AUGUST 15, 2022

The original creator of the NFT can still retain copyright and reproduction rights, just like any piece of physical artwork. Any individual can buy an artwork print, but only one person owns the original piece. If there are only 10 digital copies of an in-game asset that can be purchased, that item is rare. NFT Technology.

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