Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT.

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IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark. Introduction. Non-fungible tokens (“NFTs”) continue to be popular.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. There will be serious consequences for assigning other than human ownership to AI-generated creations.

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43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s no written agreement” will do it.] 1” therein.

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IPilogue

MARCH 1, 2022

However, it also brings new dimensions to copyright and trademark issues. This article was prompted in part by Tabathia, also known as The Adorned Fox (“TAF”), whose post on trademarking her brand spurred me to reach out and learn more about her experience. Emily (E): What prompted you to protect TAF and trademark your brand?

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Greenspoon Marder LLP

JUNE 9, 2013

After twenty years together, the Stone Temple Pilots not only fired their lead singer Scott Weiland, but filed a trademark infringement lawsuit against him, as well. Viacom: Are Trademark Licensors Liable For Their Licensees Sued for Intellectual Property Infringement? Of Interest: Gibson Guitars v.

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Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. trademark office records reveals that Viacom obtained rights in a broad array of TMNT marks after a highly-publicized purchase from the Mirage Group in 2009. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. You Own the NFT.

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LexBlog IP

JULY 13, 2021

It is essentially a transaction ledger that is open and decentralized, so anyone, with proper access credentials, can view the ledger to the authenticity of whatever is being transferred and the chain of ownership. Because NFTs are often digital artworks, it helps to think in terms of art. The Mona Lisa is non-fungible. IP and NFT.

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LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. Tarantino , Case No.

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LexBlog IP

JANUARY 4, 2023

Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Ownership and Enforcement.

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IP Ownership Non-Fungible Tokens Copyright Law 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. Mason Rothschild.

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IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites. Make intangible assets.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

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.

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Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. They must register their unique hashtags, slogans, taglines, series names, and logos as trademarks.

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IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Corsearch

NOVEMBER 15, 2022

A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual². Infringers have swiftly automated NFT minting, using copyrighted imagery and trademarks without any authorization from brand owners.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available. To File or Not to File.

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LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI. The second prong of the test requires a showing of “copying” and “unlawful appropriation.”

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JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. 1989) and provides strong protection to uses of trademarks that implicate freedom of speech issue. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

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Traverse Legal Blog

OCTOBER 20, 2022

Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. You bought a Bored Ape NFT. You bought a Bored Ape NFT.

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Corsearch

AUGUST 2, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Trademarks A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Copyright infringement as the unauthorized use of a protected work.

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LexBlog IP

MAY 18, 2022

However, a copyright registration certificate serves as evidence of ownership, which is required for enforcement actions by administrative authorities. In addition to copyright registration, Chinese courts accept electronic evidence obtained via blockchain technology to prove copyright ownership and facts of infringement.

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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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IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services.

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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. The reviewal process for the U.S.

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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. Scenario 1: Protecting the Work by Copyright.

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SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

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The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

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The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? The author decided to search the Canadian Trademark Database for information on what had been registered under the mark "Ogopogo". This, much to the chagrin of…other Okanagan cities. And the database only goes back to 1991.

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IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive. In 2016, the USPTO rejected Bitcoin’s trademark application.

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Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.).

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