SpicyIP

MAY 18, 2022

In the US too, several companies are protecting their trademarks for similar goods and services. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Dec 21, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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. Banksy failed to register a bunch of his? Knocked out on bad faith, which is an interesting place to find an ornamentality objection.

Trademark Law 75

Trademark Law Law Trademark Registration 75

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork.

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Ownership Intellectual Property Artwork Copyright Law 102

Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. One example was the November release of the Her Loss album by artists Drake and 21 Savage which included a fake Vogue magazine cover as part of the album artwork, as well as a fake version of Vogue magazine.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth. Court’s decision The case was filed as a preliminary injunction.

Trademark 74

Trademark Artwork Social Media Trademark Law 74

IP and Legal Filings

OCTOBER 28, 2022

Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IIPRD

JANUARY 7, 2025

This entails actively searching for their work, including visual components like logos and artwork and textual parts like image tags, in assembled datasets or massive data lakes. Although terabytes or petabytes of content data would be too much to handle manually, current search tools should enable the efficient automation of this process.

IP 98

IP Intellectual Property Invention Inventor 98

IP Tech Blog

AUGUST 17, 2022

57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law. The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Traverse Legal Blog

APRIL 6, 2021

You do all your original artwork, and so all of the different graphics and photographs displaying the different ceiling fans that you have on your website are copyright-owned by you and your company. You’re selling ceiling fans online through various domain names and websites that your company has built over time.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

LexBlog IP

AUGUST 3, 2023

The picture in trademark law is different, however, since it is the source identification function that ties a symbol such as a logo or design mark to a particular party’s good or services—not how such a symbol was initially created—that is legally important.

IP 52

IP Intellectual Property Artwork Designs 52

The IP Law Blog

JANUARY 12, 2023

Whether it is a website designer hired to redesign a company website, a software developer hired to work on a company’s app, a graphic artist hired to create a new logo or artwork, or a copyrighter hired to write content, we have seen countless instances of these types of vendors taking shortcuts and “borrowing” assets from existing sources.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

MARCH 10, 2023

The territory would ideally have to be the world, for an artwork or an article published online, and also, it would be difficult to practically take down the same after 5 years. It would probably be possible to take down one article, but how will this work in case of thousands or lakhs of such works.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Kashishipr

AUGUST 17, 2022

Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. They must get copyright subscriptions for original photos, audio recordings, videos, artwork, and text.

Social Media 52

Social Media Intellectual Property Registration Brands 52

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.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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.” The “Gucci” mark and its emblem can be seen all around this virtual metropolis.

Trademark 98

Trademark Non-Fungible Tokens Brands Branding 98

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. Thinking about buying or creating an NFT? What is a Non Fungible Token?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

JUNE 9, 2024

For example, Mason Rothschild’s creation and selling of MetaBirkin NFTs, which Hermès alleged violated its trademark rights, was at issue in the case Hermès v. The primary legal concerns included cybersquatting, dilution, and trademark infringement. Mason Rothschild.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

LexBlog IP

AUGUST 17, 2022

57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.” It then considered whether the trademark right of Tsingtao Brewery was exhausted. Finally, it subsumed the resulting facts under one of the seven acts of trademark infringement set forth by art.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” (Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Factual and Procedural Background.

Registration 98

Registration Blogging Copyright Designs 98

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? You bought a Bored Ape NFT. Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

LexBlog IP

MARCH 9, 2023

” In the trial, the jury disagreed with Rothschild, rejecting his First Amendment defense, and finding him liable for trademark infringement, trademark dilution, and cybersquatting. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners.

Litigation 52

Litigation Artistic Work Brands Branding 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply.

Trademark Law 69

Trademark Law Trademark Law Fair Use 69

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Registration Trademark Blogging Law 106