SpicyIP

MAY 18, 2022

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. Application date. Description (shortened). Feb 25, 2022.

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Non-Fungible Tokens Trademark Artwork Art 122

JD Supra Law

JULY 21, 2022

Insurance has the potential to play a significant role in the metaverse, which is often defined as an immersive environment designed to be an extension or replica of the real world. By: Faegre Drinker Biddle & Reath LLP

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Garrigues Blog

MARCH 4, 2025

The fashion industry was one of the first industries to enthusiastically explore the opportunities afforded by the metaverse and NFTs (non-fungible tokens). When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms.

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IP Law 360

OCTOBER 11, 2022

Hermes International and the designer of "MetaBirkins" non-fungible tokens have asked a Manhattan federal judge for dueling quick wins in the French design house's trademark infringement lawsuit, with both sides saying the discovery process has revealed supporting evidence.

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IP Law 360

JUNE 23, 2023

A New York federal judge rejected Friday a Los Angeles designer's request for a new trial and his challenge of Hermes International's jury win in its trademark lawsuit over the designer's "MetaBirkins" non-fungible tokens, rejecting his argument that jury instructions misled jurors about expressive work protected under the First Amendment.

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IP Law 360

FEBRUARY 6, 2023

A Manhattan federal jury deliberated infringement claims Monday against a California designer who argues his "MetaBirkin" non-fungible tokens are artistic expression shielded from trademark liability by the First Amendment despite obvious similarities to Hermes International's Birkin handbags.

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The IPKat

MAY 3, 2022

We’ve had Decentraland’s ‘ Metaverse Fashion Week ’, where attendees could buy wearable NFTs (Non Fungible Tokens, non-interchangeable digital assets stored on a blockchain), PrettyLittleThing’s first virtual model (launched to a mixed reaction), and the entry of Shiba Inu coin ('SHIB' – an alternative to Dogecoin) into the Metaverse.

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IP Law 360

FEBRUARY 1, 2023

A California designer who compares his work to that of Andy Warhol viewed his line of "MetaBirkin" non-fungible tokens as a "gold mine," a jury hearing trademark infringement claims brought by Birkin handbag maker Hermes International heard Wednesday.

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Non-Fungible Tokens Design Designs Trademark 75

IP Law 360

FEBRUARY 7, 2023

A Manhattan federal judge instructed a jury mulling trademark claims against "MetaBirkin" maker Mason Rothschild to keep deliberating after jurors hinted Tuesday they see both infringement and artistic expression in the California designer's non-fungible tokens that resemble Hermes International's Birkin handbags.

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IP Law 360

JANUARY 30, 2023

An expert on Andy Warhol's art will not be permitted to testify at trial on behalf of a Los Angeles designer whose "Metabirkins" non-fungible tokens are alleged by luxury brand Hermes International to infringe trademarks protecting its pricey Birkin handbags, Manhattan U.S. District Judge Jed S. Rakoff held Monday.

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Non-Fungible Tokens Art Brands Branding 75

IP Law 360

MARCH 4, 2022

This past week in London has seen an art collector sue a marketplace for non-fungible tokens, a British rap trio do battle with their manager, and two DIY stores throw the kitchen sink at each other over designs. Here, Law360 looks at those and other new claims in the U.K.

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IP Law 360

JULY 25, 2023

The Los Angeles designer accused of ripping off French fashion house Hermès with his collection of "MetaBirkin" non-fungible tokens told a New York federal judge that he plans to take multiple decisions in the case to the Second Circuit after the district court held that a jury fairly decided he had infringed Hermès trademarks.

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CoCal IP Law Institute

MAY 9, 2022

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L.

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Non-Fungible Tokens Litigation Trademark IP 40

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 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Plagiarism Today

APRIL 12, 2022

The group Fwenclub announced a new group of some 5,555 non-fungible tokens (NFTs) that that were designed by Spanish artist Joan Cornellà. However, one of the images resembled a character played by local comedian Stephen Chow Sing-chi in the 1994 movie From Beijing with Love.

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Non-Fungible Tokens Copyright Infringement Music Reporting 130

IPilogue

JANUARY 26, 2023

With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. Areeb Daimee is a 2L JD candidate at the University of Western Ontario Faculty of Law.

Trademark Law 115

Trademark Law Non-Fungible Tokens Trademark Law 115

The IPKat

APRIL 29, 2024

Hugh provided an overview of trade mark protection for non-fungible tokens (NFTs). downloadable digital music files authenticated by non-fungible tokens [NFTs] ), whilst other classes would apply depending on the items authenticated (e.g., clothing authenticated by non-fungible tokens [NFTs] in class 25).

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Non-Fungible Tokens Reporting IP Law 64

IPilogue

MARCH 14, 2022

and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos. For those of you like me who have survived this long asking the question “what is an NFT?”

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Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

Intepat

DECEMBER 5, 2024

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. Another layer of complexity arises from the unique characteristics of non-fungible tokens (NFTs), which have become the metaverses digital asset backbone.

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Copyright Non-Fungible Tokens Ownership Intellectual Property 52

IP Law 360

FEBRUARY 8, 2023

A Manhattan federal jury on Wednesday held Los Angeles designer Mason Rothschild liable for trademark infringement for his 'MetaBirkins' non-fungible tokens, handing Paris fashion house Hermes a victory in a closely watched dispute that could impact future conduct in the world of fashion and NFTs.

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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. The process of creating a digital asset with a smart contract is called "minting".

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

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. Are NFTs (Non Fungible Tokens) Considered Intellectual Property? What is a Non Fungible Token?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

MAY 15, 2023

In addition, Anna Maria Stein discusses the new EUIPO Guidelines on Designs for Virtual Environments. On March 02, 2023 the EUIPO has published practise tips for “ Designs for virtual environments ”: “1. The EUIPO also specifies that “Multiple design applications with more than one class will lead to a class unit deficiency.

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LexBlog IP

JULY 13, 2022

On June 23 rd , 2022, the European Union Intellectual Property Office (“ EUIPO ”) published its recommendations regarding the class to be opted for when applying for a trademark designating virtual goods, non-fungible tokens (“ NFT(s) ”) and other products displayed in metaverse.

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JD Supra Law

FEBRUARY 10, 2023

A Manhattan federal jury recently ruled in favor of Paris fashion house Hermès in a trademark infringement case against designer Mason Rothschild. Rothschild had created ‘MetaBirkins’ non-fungible tokens (NFTs) that used the Hermès Birkin bag design without the company’s permission. By: Caldwell

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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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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. Non-fungible tokens are a relatively new thing and even newer in the gaming industry.

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Non-Fungible Tokens Ownership Intellectual Property Artwork 52

LexBlog IP

JULY 18, 2022

In a case that is likely to provide much awaited guidance on the application of trade mark law to non-fungible tokens (NFTs), luxury design house Hermès International and Hermès of Paris, Inc. Hermès) is suing artist Mason Rothschild in the U.S.

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Non-Fungible Tokens Design Designs Trademark 52

Traverse Legal Blog

MARCH 8, 2022

Today, we’re going to talk about non-fungible tokens (NFTs). A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace. My name is NFT lawyer Enrico Schaefer. I am an attorney specializing in blockchain technology.

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LexBlog IP

JANUARY 20, 2022

IPNews® – Fashion bag designer Hermès, creator of the popular Birkin bag, has sued Mason Rothschild over an NFT he created named MetaBirkins. NFT’s (Non-fungible tokens) are all the rage lately and this area of law is just beginning to develop.

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Non-Fungible Tokens Trademark Artwork Design 52

JD Supra Law

FEBRUARY 22, 2022

Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. Nike, Air Jordan, Jumpman, the “Swoosh” Design) in the.

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IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

IPilogue

JULY 23, 2021

In this episode, Dario de Martino, Joyce Liou, and Paul Goldstein of Morrison Foerster break down all things non-fungible tokens (NFTs) and IP. Since Daniel Quasar designed the Progress Pride Flag in 2018, its use appears to be steadily increasing. N FTs & IP ” by Mofo Perspectives Podcast.

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Non-Fungible Tokens IP Law Intellectual Property 105

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Brands 116

The IPKat

JULY 11, 2021

Copyright IPLens blog looked at several recent decisions of the Court of Milan, to see how the CJEU Cofemel decision has impacted on the copyright protection of industrial designs [see also an IPKat post the Kiko case, where the Italian Supreme Court applied Cofemel to Kiko store layout]. The current battle is over a U.S.

Blogging 69

Blogging Non-Fungible Tokens IP Ownership 69

Olartemoure Blog

SEPTEMBER 27, 2022

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. The online clothing, the virtual versions of the items, are in the form of what is known as NFTs (non-fungible tokens).

Brands 98

Brands Branding Branding Non-Fungible Tokens 98

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. Daktronics, Inc.,

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Blogging IP Non-Fungible Tokens Cease and Desist 127