Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. ” UGH.

Artwork 119

Artwork Trademark Publishing Marketing 119

SpicyIP

MARCH 16, 2025

A quick glance at last week finding the real Burger King saga continues now at the Supreme Court, EDs involvement in the Shankar-Tamilnandan copyright case, right to health and compulsory licensing for rare disease medicine Risdiplam. The two products were also similar in terms of artwork, colour scheme and packaging. Image from here.

Trademark 59

Trademark Copyright Branding Brands 59

IP and Legal Filings

SEPTEMBER 20, 2023

The Trademarks Act 1999- The Act intends on protecting the name of the brand by registering the trade name of the brand, hence eliminating the possibility of any other person using it without facing consequences. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.

Design 105

Design Designs Copyright Copyright Infringement 105

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. The alleged infringer did not file any defense and instead immediately stopped the sale of beer in the accused bottles. The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP Tech Blog

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression. Given that the district court had found infringement, one might assume that it is game over for VIP and its Bad Spaniel brand.

Branding 57

Branding Brands Branding Trademark 57

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. At times the NFT may contain branding or other IP from a third party that they are working with. NFT Technology.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Intellectual Property Artwork 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] auction stores, antique auction houses, and state-owned antique museums). [5] During the Sino-U.S.

Art 52

Art Marketing Marketing Artwork 52

Kashishipr

AUGUST 17, 2022

Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Can NFTs Reflect Ownership License Rights or Other IP? Ownership and licensing ( copyrights & trademarks) vital when dealing in NFTs. What is a Non Fungible Token?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

LexBlog IP

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression. ” Given that the district court had found infringement, one might assume that it is game over for VIP and its Bad Spaniel brand.

Branding 52

Branding Brands Branding Trademark 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 52

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.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . NFT License Agreement Template/Sample – [link]. You bought a Bored Ape NFT.

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? ” 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

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

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.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. Trademarks: A trademark is a type of intellectual property that protects brand names and logos. What are intellectual property and intellectual property rights?

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52

Intepat

DECEMBER 12, 2024

This valuation allows IP to be recognized as an asset in corporate balance sheets, facilitates mergers and acquisitions, and informs licensing or transfer decisions. Digital assets encompass a wide range of online-based entities, from virtual real estate and digital artwork to domain names and software applications.

IP 52

IP Social Media Ownership Non-Fungible Tokens 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

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. To File or Not to File.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

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. NFT License Agreement Template/Sample – [link]. AN NFT shows proof of ownership for a digital object.

Non-Fungible Tokens 40

Non-Fungible Tokens Ownership Artwork Technology 40

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] Cronan issued a temporary restraining order against Dash until the final resolution of the action. [9]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

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. Moreover, the abundance of tokenisation has even led to the minting of patents as NFTs even though there is no clear provision about the change in ownership, royalties, and related licenses.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

LexBlog IP

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. The alleged infringer did not file any defense and instead immediately stopped the sale of beer in the accused bottles. The MSA Decision.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

43(B)log

JUNE 24, 2022

artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. Lisa Ramsey: Free expression and competitiveness considerations: large brands/celebrities can teach you to associate a weak mark w/their company can be problematic.

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Turner Heritage Homes Inc., 8] Smith v.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. Trade marks are typically associated with a brand and may include brand names, slogans and logos. The revenue generated by NFTs can be significant.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

43(B)log

AUGUST 22, 2022

So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? Penultimately, what about the album title, Michael , and artwork, featuring images of Jackson?

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. 102(a); see also Pride Family Brands, Inc.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

IPilogue

OCTOBER 26, 2022

French fashion brand Jean Paul Gaultier’s garments featuring Botticelli’s Birth of Venus are heading off the rack and to legal battle. In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. .

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

JULY 11, 2024

This includes all books, artworks, pieces of music, and other creations in any field or discipline. Subject Matter Trademark Registration: Trademarks refer to the symbols such as brand names or logos or even catch phrases that are utilized on commodities and services that sets them apart from the rest.

Registration 105

Registration Trademark Copyright Intellectual Property 105

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. Carlos Vila’s photo of Irina Shayk wearing Deadly Doll sweatpants.

Copyright 109

Copyright Derivative Work Artwork Fair Use 109

LexBlog IP

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

SpicyIP

DECEMBER 24, 2023

Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

Registration 52

Registration Trademark Copyright Registering Trademarks 52