Remove Contracts Remove Ownership Remove Trademark Law
article thumbnail

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Trademark applicants, registrants, and practitioners need guidance regarding obtaining and enforcing trademark registrations in the context of NFTs.

Reporting 130
article thumbnail

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

article thumbnail

Analysing the Intersection of Blockchain, Cryptocurrencies and Intellectual Property Rights

IP and Legal Filings

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. Smart contracts are contracts that are used to regulate NFT transactions.

article thumbnail

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. Social Media and Trademark Law” Talk Notes.

article thumbnail

IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

SpicyIP

Creation and Perfection of Security As a quick background to how security interests are created and collateral is used- an obligation is secured by the means of a contract- this contract leads to creation of a security right. However, mere creation is not sufficient for protecting the interests of a creditor.

article thumbnail

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.