The IPKat

AUGUST 29, 2022

The court did not elaborate on the technical features of the NFTs, nor did it comment on the legal definition of same in rendering its decision. Picture in middle is entited "A ship in need in a raging storm, by Willem van de Velde II, and is in the public domain.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

IP and Legal Filings

SEPTEMBER 12, 2022

Additionally, when it comes to videos, we live in a time of social media where the platforms are made up of recreations and iterations of works. Art that is based on the artist’s interpretation and the motivation behind the creation is called abstract art. Thus, the issue of uniqueness is raised. Abstract Art.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. Mazzuco: a linedrawing problem does exist.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). 1125(c)(3)(C) is problematic, other parts of the Jack Daniel’s decision are definitely speech-protective.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100