Intellectual Property Brief

DECEMBER 1, 2021

The recent buzz around Non-Fungible Tokens (NFTs) has created a wealth of both opportunity and legal issues. Intellectual Property and Contract law are fascinating for their legal complexities and their adaptability to modern times.

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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. Concerns have been expressed regarding the legal status and the authenticity of such tokens, especially in India. General Law.

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JD Supra Law

MARCH 28, 2022

Minters of collectible non-fungible tokens (NFTs) have taken a wide range of approaches. By: Proskauer - Blockchain and the Law

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JD Supra Law

DECEMBER 14, 2021

The Lawsuit Against Tarantino - On November 16, 2021, Miramax filed a lawsuit against famed film director Quentin Tarantino, alleging breach of contract, copyright infringement, trademark infringement, and unfair competition. By: Jaburg Wilk

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JD Supra Law

DECEMBER 16, 2021

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino.

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SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Class 9: Virtual two wheelers; virtual motorcycles; virtual scooters; virtual three wheelers; virtual electric vehicles; virtual gaming studio, virtual gaming parlour, downloadable multimedia files containing artwork, text, audio and video files and non-fungible tokens.

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Plagiarism Today

AUGUST 2, 2022

Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. NFTs (Non-Fungible Tokens), for example, were originally billed as a way for digital artists to create scarcity and enable them to charge more for “unique” works.

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TorrentFreak

JUNE 22, 2022

The popularity of non-fungible tokens, NFTs for short, has reached new highs over the past year. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. That turns copyright law on its head,” the lawyers write.

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LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). The phrase “investment contract” is not defined in the Securities Act. What Is a Security? Howey Co. ,

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IPilogue

DECEMBER 8, 2022

Amin Hosseini is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. He then advertised sale of the Bored Ape NFT.

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TorrentFreak

DECEMBER 10, 2021

In a lawsuit filed at a federal court in California, Miramax said that Tarantino was cashing in on the non-fungible token boom but by doing so, he was trampling their rights and ignoring agreements. “In Taratino Fires Back. . Affirmative Defenses and Relief.

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IPilogue

APRIL 11, 2022

Pankhuri Malik is an IPilogue Writer and an LLM Student at Osgoode Hall Law School. . Guadamuz is a reader in intellectual property law at the University of Sussex and the editor-in-chief of the Journal of World Intellectual Property. He authored “ The Treachery of Images: Non-fungible Tokens and Copyright ”.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Plagiarism Today

SEPTEMBER 28, 2021

On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.”

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IP and Legal Filings

SEPTEMBER 8, 2021

Apart from this, Non-Fungible Tokens, the brainchild of Kevin McCoy and Anil Dash, is a unit of data stored in a digital ledger that certifies that the digital asset is unique and is hence non-interchangeable. The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage.

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The IPKat

JUNE 13, 2022

There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark.

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The IPKat

JANUARY 13, 2022

Consider the recent WIPO webinar , "Blockchain Whitepaper for IP Ecosystems", at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungible tokens. Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e.,

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Traverse Legal Blog

APRIL 17, 2021

With that in mind, we now have something called non-fungible tokens or NFTs. How do you know if what you’re doing is lawful? There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Meta Data In the NFT & Smart Contracts.

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The IPKat

APRIL 19, 2023

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungible tokens (NFTs). The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

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Intepat

DECEMBER 5, 2024

Another layer of complexity arises from the unique characteristics of non-fungible tokens (NFTs), which have become the metaverses digital asset backbone. For instance, virtual concerts in the metaverse, where avatars perform popular songs, may violate music copyright laws unless proper licensing agreements are in place.

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The IPKat

JUNE 27, 2022

Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. This is a U.S Ether (USD 1+ million).

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Traverse Legal Blog

MARCH 8, 2022

Today, we’re going to talk about non-fungible tokens (NFTs). Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). The art inside the gallery is protected by COpyright law. NFTs are no different.

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The IPKat

SEPTEMBER 5, 2022

In the case of NFTs, the use of a CC license makes a lot of sense because the value of an NFT is not uniquely centered on the related artwork, which is any case relevant, but on the artist's bio, the blockchain on which is minted and, ultimately, the token (the non-fungible token, in fact, as different from the artwork linked to it).

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Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The NFT is a smart contract coded with the NFT. Congratulations, you played yourself” is a cautionary take for NFT investors.

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Copyright Lately

NOVEMBER 21, 2021

Depending upon which side of the fence you’re sitting on, non-fungible tokens (NFTs) are either the greatest economic innovation of the twenty-first century or the biggest grift since Lyle Lanley sold Springfield a monorail. But love them or hate them, people can’t seem to stop talking about them.

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IP Law 360

JANUARY 9, 2023

As rapid technological developments such as blockchain, cryptocurrency, non-fungible tokens and smart contracts increasingly lead to legal disputes — as evidenced by the recent Voyager Digital and FTX bankruptcies — arbitration may need to adopt new resolution techniques that fit the novel landscape, says Peter Kamminga at JAMS.

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Traverse Legal Blog

APRIL 6, 2022

While NFTs – aka token contracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

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Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

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LexBlog IP

MAY 2, 2022

Non-fungible tokens (“NFTs”). If you’re an entertainment professional looking to stay on top of industry trends, you’ve likely heard about the rise of non-fungible tokens (NFTs). What is an NFT or non-fungible token? Otherwise, you could be breaching the contract.

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The IPKat

NOVEMBER 15, 2022

NFTs are created through smart contracts, pieces of code (a smart contract is a software, in other words) which are deployed on a blockchain through specific transactions (technically speaking, a transaction is a record written on the blockchain’s distributed ledger).

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. While NFT-related marks are clearly protected under US law, the laws of other countries might differ.

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Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. Today we are going to talk about NFTs or non-fungible tokens. If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. BlockChains and Digital Assets.

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Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

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IP and Legal Filings

FEBRUARY 7, 2023

” Non-fungible tokens (NFTs) have also been investigated by other Indian companies for application in the metaverse. It ought to function similarly to how online contracts are upheld. Retailers like Walmart, Tommy Jeans, Thar, Vogue, and Ajio Luxe have recently registered under class 9.

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SpicyIP

AUGUST 30, 2021

In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law! Other posts. August 27, 2021].

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). NFTs may offer opportunities for U.S. resale royalties).

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