SpicyIP

JANUARY 13, 2025

Do robust defences such as freedom of speech, right to livelihood, public interest, and fair use offer absolute protection against infringements? Other Posts Navigating Personality Rights Does Fame Have a Trade-Off? Are personality rights reserved only for the ultra-famous and elite? But Defendant No.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Brand owners have already begun to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Branding 62

IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Thus, unlike VIP’s Bad Spaniels’ mark, none of those uses sanctioned under Rogers could have confused consumers as to the source of the goods.

Branding 57

Branding Branding Brands Trademark 57

LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Brand owners have already begun to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. The Ninth Circuit reversed. The Supreme Court held that Ninth Circuit got it wrong. cannot include.

Branding 52

Branding Branding Brands Trademark 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork. In the EU, the use of artificial intelligence will soon be regulated by the brand new AI Act – “ the world’s first comprehensive AI law ” (see further information here ).

Registration 64

Registration Copyright Law Artwork Copyright 64

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. Nike claims that the method adopted by StockX to use Nike’s famous marks such as the “swoosh” and the “jump man” logo constitutes, among other things, trademark infringement, false designation of origin, and trademark dilution.

Trademark 52

Trademark Ownership Branding Branding 52

LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses.

Social Media 52

Social Media Art Fair Use Moral Rights 52

43(B)log

MAY 2, 2022

The court dismissed the GBL claims and held WGACA liable for infringing Chanel’s marks as to eleven non-Chanel handbags sold as having been authorized for sale by one Chanel factory, and one Chanel-branded handbag with a pirated serial number. If anything, fame may make it easier for Ford to avoid any linkage to the used-car seller.]

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] In support of that argument, Rothschild relied on Rogers v. On March 2, 2022, Hermès filed an Amended Complaint.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

JUNE 9, 2024

As in the real world the logos, domain, and brand names of products and services are protected under Trademark, virtual goods, and services can be trademarked in the United States Patent and Trademark Office (USPTO). Hermès claimed that Rothschild’s digital artworks infringed upon its legally protected intellectual property rights.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

The IPKat

JULY 9, 2023

It emerges that brands should pay for the use of street artworks. The number of registrations with the US Copyright Office has been growing since the 1970s. The use of cease-and-desist letters is widespread too. The aim is to fight against misappropriation and unauthorized reproduction.

Art 59

Art Copyright Moral Rights Cease and Desist 59

IIPRD

FEBRUARY 25, 2022

Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. This issue was highlighted in the controversial case of Hermes where the respondent Mason Rothschild sold NFTs under the brand ‘MetaBirkins’ which was similar to the bags created by the luxury fashion brand Hermes.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

IIPRD

JANUARY 18, 2022

With all the opportunities that NFTs present for a business, there is also the inevitable opportunity for misuse of a business’s or brand owner’s intellectual property rights held in any underlying asset through minting of unauthorized NFTs. The usage of NFTs by luxury brands to reach out to high-net-worth individuals.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? artworks as TMs. Could we do something similar in ornamentality?

Trademark Law 75

Trademark Law Law Trademark Registration 75

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. Case in point is a recent ruling out of the Central District of California involving clothing brand Deadly Doll.

Copyright 106

Copyright Derivative Work Artwork Fair Use 106

43(B)log

FEBRUARY 16, 2024

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. If you just saw it, would you think that’s their brand?

Trademark 59

Trademark Fair Use Registration False Advertising 59