Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected.

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SpicyIP

AUGUST 22, 2022

Non-fungible tokens (‘NFTs’) have occupied a significant space in current legal discourse, in no small part due to the numerous legal questions that have emerged in their wake. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999. Ltd , Hawkins Cookers Ltd.

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SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? 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. Other posts.

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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. So from our perspective, NFTs stands not only for “non-fungible tokens” but also “New Frontiers for Trademarks.”.

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LexBlog IP

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. So from our perspective, NFTs stands not only for “non-fungible tokens” but also “New Frontiers for Trademarks.”

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IP Intelligence

JUNE 1, 2022

As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it is no surprise that intellectual property (IP) owners are starting to see an increase in unauthorized uses of their trademarks (..)

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IIPRD

FEBRUARY 25, 2022

But in this sphere of metaverse and blockchain currencies, the Ethereum blockchain has gained skyrocketing popularity with the evolution of Non-Fungible Tokens. Non-Fungible Tokens mainly refer to digital files of various digital as well as physical goods and creations that are stored as tokens and can be traded easily.

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IIPRD

JUNE 9, 2024

This historic ruling created a precedent for companies looking to protect their trademarks in the metaverse and sparked debate about whether Non-Fungible Tokens (NFT) are protected by intellectual property laws. The jury gave Hermès a damages award of almost $133,000.

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JIPEL Copyright Blog

MARCH 16, 2022

The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles. Mr. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v. Grimaldi and Dastar Corp.

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LexBlog IP

SEPTEMBER 15, 2022

In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs.

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LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens.

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SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Speaking of the virtual world and connected stuff in today’s time, one shouldn’t miss the blockchain.

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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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IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Is this Fair Use?

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IIPRD

JANUARY 18, 2022

Recently, a new trend of merging of blockchain technology with creative intellectual property via non-fungible tokens (“NFTs”) had taken place. The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. Introduction. What are NFTs?

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SpicyIP

OCTOBER 1, 2023

Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like. In fact, I would love to argue that these fans can even mint an NFT-Non-Fungible Token of the same.

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