This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Hermès") against Mason Rothschild on trademark infringement over Rothschild's use of MetaBirkin and Hermès' iconic Birkin bag imagery displayed on non-fungibletokens (NFTs) offered for sale on OpenSea. By: Venable LLP
The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungibletokens (“NFTs”) and other goods and services for use in the metaverse.
The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungibletokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study.
In January 2022, StockX announced its plans to launch The Vault, which uses non-fungibletokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.
On April 3, 2023, the UK Intellectual Property Office (UKIPO) issued much needed guidance on how digital goods and services – namely non-fungibletokens (NFTs), virtual goods, and services provided in the metaverse – should be classified for trademark purposes.
This month, Trademark Associate Sarah Anderson covers "Business Considerations for Non-FungibleTokens (NFTs).". Once a month, we cover an interesting topic in 60 seconds. By: Kilpatrick Townsend & Stockton LLP
NON-FUNGIBLETOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York. By: McNees Wallace & Nurick LLC
First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-FungibleTokens (NFTs) related to the film Pulp Fiction.
Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.
Patent and Trademark Office (USPTO) and the U.S. Copyright Office published a joint notice of inquiry in the Federal Register announcing that the two agencies would be collaborating on a study regarding intellectual property legal issues related to digital assets known as non-fungibletokens (NFTs).
Luxury fashion brand Hermès won their trademark lawsuit against Mason Rothschild, the creator of the non-fungibletokens (NFT) MetaBirkins, on Wednesday. A nine-member New York jury ordered Rothschild to pay Hermès $110,000 for infringing on the luxury brand’s trademark, and $23,000 for cybersquatting.
There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungibletokens (NFTs) and the metaverse.
One of the biggest stories of 2021 in the ever evolving world of distributed ledgers and crypto currencies has been the rise of Non-FungibleTokens (NFTs). A Non-FungibleToken or NFT is a programmable digital unit of value which is recorded on a digital ledger. Introduction. What is NFT?
” NFTs, or non-fungibletokens, have seen both big sales and big business in the past year. This may open the door for other intellectual property violations, including of both copyright and trademark. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.
Trademark filings in the metaverse and non-fungibletokens (NFTs) space are a hot topic these days in the media and IP Bar, and many brand owners are asking themselves whether it’s time to join in or risk being left behind.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-FungibleTokens 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.
In a closely watched trademark infringement case involving non-fungibletokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks. By: Jones Day
On November 23, 2022, the US Patent & Trademark Office and the US Copyright Office announced that they are seeking public input on intellectual property (IP) considerations related to non-fungibletokens (NFTs). By: McDermott Will & Emery
Regardless of whether your business has any current plans to develop digital goods, including “non-fungibletokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should have all brand owners considering whether to secure new trademark registrations. By: Bodman
In order to legally own your non-fungibletoken (NFT) brand, you can and should consider federally registering the trademark on it. NFTs are inherently valuable given that they represent unique, irreplaceable digital assets. By: Cozen O'Connor
Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungibletokens (NFTs) of METABIRKINS in the metaverse, thereby infringing and diluting Hermès’ BIRKIN mark that is used for luxury handbags.
The curiosity, excitement, skepticism, and enthusiasm surrounding non-fungibletokens (“NFTs”) and the metaverse is at an all-time high! Patent and Trademark Office (“USPTO”). This week’s NFT Newsroom article discusses what a trademark is, and the rise of trademark applications.
In one of the first trademark cases involving NFTs (non-fungibletokens), the U.S. Mason Rothschild sheds new light on how courts might assess trademark rights in connection with NFTs and digital products. District Court for the Southern District of New York’s opinion in Hermès International, et al.
Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungibletokens (NFTs) that relate to a copyright-protected work. The lawsuit, filed in the U.S.
A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungibletoken can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.
Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungibletokens (“NFTs”). The case is a first-of-its-kind examination of trademark infringement in emerging. By: Hogan Lovells
The use of NFTs ("Non-fungibleTokens") can constitute a trademark infringement. The court emphasized that the scope of protection of a trademark also extended to goods that were not included in the Nice Classification, but closely related to the goods listed in the respective class for which a trademark was registered.
Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungibletokens (NFTs) commonplace. But nothing about these topics is common. By: Quarles & Brady LLP
Non-FungibleTrademark Infringement or Nominative Fair Use Token? has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungibletokens (“NFTs”) that infringe Nike’s intellectual property.
A New York federal court has ruled that a non-fungibletoken (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.
As the market value of non-fungibletokens (“NFTs”) continues to soar, legal practitioners will soon face the contractual, copyright and trademark issues that accompany this new technology. Originally published in USLaw Magazine - March 2022.
In a case with clear implications for non-fungibletoken art-based projects, a federal jury in the case of Hermès International, et al. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag.
Can it be applied effectively in a world coming to grips with non-fungibletokens? The Lanham Act is seventy-six years old. A lawsuit involving the luxury brand Hermès gives us a glimpse into a skirmish that is very much of the moment. By: Sunstein LLP
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
Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungibletokens (NFTs) using Nike trademarks. As The Verge reported. By: AEON Law
The Los Angeles-based designer behind the "MetaBirkins" non-fungibletoken is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.
IBM and IPwe, believe that NFTs, Non-FungibleTokens – one-of-a-kind limited digital editions – can transform stagnant patent monetization into a trillion dollar market. Two IP icons Continue reading.
Mason Rothschild that examines traditional trademark concepts in connection with non-fungibletokens, or “NFTs.”. District Court for the Southern District of New York issued a decision in Hermès International, et al. By: Stinson LLP
Nonfungibletokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . You bought a Bored Ape NFT.
On January 26, 2023, the US Patent and Trademark Office (USPTO) conducted a public roundtable, during which various attorneys and industry experts discussed their thoughts on the intersection of patent law with non-fungibletokens (NFTs). By: ArentFox Schiff
Patent and Trademark Office (USPTO) and the U.S. Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to non-fungibletokens (NFTs). On November 23, 2022, the U.S. By: Skadden, Arps, Slate, Meagher & Flom LLP
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content