LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Ownership of trademark rights is not contingent on a registration. Your internal and external communications will be used against you in litigation.

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Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. 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.). How are Trademarks Used?

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

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IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

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Kluwer Copyright Blog

MAY 9, 2023

Some of these input and output questions are already being litigated in the US and the UK, most notably in a class action litigation against providers of Stable Diffusion (see complaint and motion to dismiss ), as well as in lawsuits brought by Getty Images (reported here ; see also this early analysis by Guadamuz). [1]

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SpicyIP

MARCH 16, 2025

The Delhi High Court, noting the defendants failure to file a written statement and the clear evidence of counterfeiting, ruled in favour of the plaintiff, issuing a summary judgment, awarding damages, and imposing litigation costs. The two products were also similar in terms of artwork, colour scheme and packaging.

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LexBlog IP

NOVEMBER 6, 2023

However, two months later, the museum filed a complaint against NYDA to block the seizure order by contesting its rightful ownership of the statue. Ownership Interest In the case of Republic of Croatia v. The court underscored the need to determine whether the claimants can establish ownership of the Treasure.

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IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

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IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” In contrast, NFTs and brands in the metaverse bring unique ownership considerations.

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Trademark Non-Fungible Tokens Branding Brands 98

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Tokenisation and Ownership of Digital Assets under NFTs. Conclusion.

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The IP Law Blog

MARCH 31, 2022

Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

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LexBlog IP

MARCH 16, 2023

We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. This issue recently came to a head in a 64-page federal court decision in Friel v.

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LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). We will continue to monitor this litigation. 3] On July 6, 2022, Judge Robert N.

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LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

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LexBlog IP

JUNE 15, 2022

In my recent attempt at spring cleaning, I mentioned that “ the Copyright Office’s ‘refusal to register a two-dimensional artwork claim in the work titled ‘A Recent Entrance to Paradise’ (‘Work’).” ” I just thought I would have a little longer respite. 263, 319-320 (2020) ].

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Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right.

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LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] .” [2]. ” [10]. ” [10]. ” [10].

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