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Building a brand is no small task. While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.
Overview - It is a modern reality that with brandownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy.
The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.
Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these “assets.”. By: ArentFox Schiff
These disputes revolve around issues of copyright infringement, trademark violations, and ownership of digital assets, presenting novel challenges to intellectual property (IP) law. The Intersection of Fashion and NFTs The fashion industrys adoption of NFTs has transformed how brands and creators interact with consumers.
An important component of brandownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly legitimate trademark practitioners. By: Smart & Biggar
Carrasquillo’s ‘Reloaded’ IPTV Branding. Carrasquillo operated several IPTV services, variously branded Reboot, Gears TV, Reloaded and Gears Reloaded but with those no longer in operation, he needed to make money in other ways. Company Claims Ownership of ‘Reloaded’ Trademark.
The latest batch of potential NXT stars features names that sound like they could belong to action movie protagonists, luxury cologne brands, or the cast of a high-budget Netflix drama. Osiris Griffin feels like an ancient warrioror maybe a sneaker brand. Haze Jameson could be a whiskey label or a rebellious high-flyer.
These actions did not focus on a specific pirate streaming site but targeted popular pirate brands instead. While ownership of the domains has changed, SSL certificates are not necessarily updated, triggering an error. New Owner: The IPR Center The changed ownership of the.APP and.DEV domain names is undisputed.
Rather, Baron merely purchased the TAKDIS-branded goods from third-party suppliers. Although Baron testified that it repackages the goods in its own packaging, which packaging displayed the TAKDIS mark that already appears on the goods as purchased from the third-party distributors, this did not create ownership rights in Baron.
This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Update Centralization Any changes regarding ownership or the scope of the trademark can be conveyed effectively to the WIPO instead of a number of jurisdictions.
What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your head spinning, you are certainly not alone. By: Dorsey & Whitney LLP
Oriakhogba’s work is a timely reflection on approaches to navigate the complex terrain of using copyright laws to address issues of ownership, control and management inherent in or arising from repatriated (and/or "should-be-repatriated") cultural heritage materials. See South Africa's Intellectual Property Laws Amendment Act.
Fashion is not the exception , and different brands have become involved in the meta world. The virtual universe Decentraland hosted in March 2022, the first Metaverse Fashion Week which was a success, as it featured more than 70 brands, artists and designers. All industries are starting to grasp this and are getting involved in it.
The mega shoe brand alleges that these sales will confuse customers. In addition to destroying these NFTs, Nike is asking for damages for all related sales and for StockX to stop selling any NFTs related to the Nike brand. What makes this marketplace different from the others is its business of selling NFTs linked to physical goods.
A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger tools to protect your brand. Many business owners view trademark registration as a smart investmentand theyre right. But registering a trademark doesnt give you absolute control. By: Offit Kurman
Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.
Brands — legally protected as trademarks — have value. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. We all understand that intuitively.
There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands. Seems simple right?
Issues of ownership, counterfeit goods, and infringements are rising concerns, threatening the sustainability of creativity in the metaverse. Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds.
The p laintiffs argue that after Intershez was dissolved in 2008, it falsely claimed ownership of the trademarks and used them to record with U.S. They further claim that in 2020, these trademarks were transferred to Shezan, LLC, a company established by the same individuals who previously managed Intershez. Continue reading
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.
On 19 November 2024, the Institute of Brand and Innovation Law (IBIL) at UCL Laws hosted a closed doors roundtable on academic publishing. In the complicated landscape of genAI and copyright law, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders.
In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation. Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use. Here are some key strategies that can help you secure your artistic integrity.
I found five takeaways for brand owners. And a trademark application has a lot of elements that go into it: the drawing, the description of goods and services, the dates of use, the evidence of use, the ownership. This is part of what makes Taylor Swift’s brand and music so great. It is a tremendous show and performance.
On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.
In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation. Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use. Here are some key strategies that can help you secure your artistic integrity.
In the contemporary music industry, a band’s or artist’s name, logo, and visual identity constitute critical brand assets, demanding the same rigorous protection afforded to their musical compositions. This accrued recognition forms the bedrock of their brand equity. Consider the trajectory of a musical act.
The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.
Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process. But there’s also the damage to the brand that comes with the change.
This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.
Legea-branded jersey. Does EU law govern joint ownership of IP rights, including the exercise thereof by each and individual joint owner? Rather, it means that this is an unharmonized matter which, as a result, falls within the scope of national law. Hence, this is also a matter for national law to regulate.
Key Arguments by Wakefit Trademark Ownership : Wakefit is the registered proprietor of the trademark “WAKEFIT” in India across various classes. Bad Faith : The domain led to a parked page with PPC ads – indicating that the registration was aimed at misleading users and commercially benefiting from the Wakefit brand.
This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. But what are the legal underpinnings that tie Halsey’s (and other artists’) ownership and control of their music? The short answer, as usual in law, is that it depends.
Under common ownership, any official position on site-blocking measures hasn’t been raised in public for years. Attitudes to blocking in Europe have softened over time but in the United States, brand image risk could increase along with customer churn.
NFTs are unique digital assets that are digital representations of ownership of real-world items. Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. The Nike Suit. StockX Vault NFTs.
I am doing this series because I have been unable to find any other comprehensive content on the web or youtube that lays out a detailed and viable playbook for brands and celebrities to protect their names, slogans, and marks against Web3 cybersquatting. If you are a brand or trademark attorney, you may already know about cybersquatting.
“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?
These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. These two projects offer a roadmap for any company, brand, or agency looking to launch an NFT project. The “Crypto Punk” brand name is a trademark.
The arbitral award, dated March 7, 2025, brings clarity to the protections available to well-known brands in Indias domain name system and underlines the risks of cybersquatting. Over the decades, it has built a reputation not just for technology, but also for its distinct brand identity. In a significant decision under the.IN
For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.
[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.
The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. These are non-fungible, implying that they are unique and can never be replaced by something.
Nonetheless, brands have evolved and now adopt a more pragmatic approach, seeking to improve the client experience and linking NFTs to the traceability of the items of clothing. NFTs in turn played a key role in digital fashion, making it possible to certify the authenticity and ownership of virtual apparel.
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