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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. These digital files are freely downloadable by everyone (there is no DRM protection in NFTs). This is a U.S

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NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. Was that ownership transferred, and if so, to whom?

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

A list of trademarks applied for in the EU for ‘ downloadable virtual goods’ and ‘online virtual services’ was recently published by The IPKat here. Image from here. World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. Dec 21, 2021.

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The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers

Kluwer Copyright Blog

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

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Another digital "buy" button case survives motion to dismiss

43(B)log

Apple argued that it wasn’t misleading to say “buy,” because to “buy” something means to “acquire possession, ownership, or rights to the use or services of by payment especially of money.” The parties disputed whether Apple’s terms and conditions were equivalent to front-of-package clarifications, which was a factual issue.

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Africa IP highlights 2022 #1: Copyright matters

The IPKat

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

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If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. A website can own the copyrights to the HTML code and the files that users download.