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Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

Intellectual Property Law Blog

VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc.

Art 147
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Analyzing relationship between Contemporary art and Intellectual Property Rights

IIPRD

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

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Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs

Intellectual Property Law Blog

Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art.

Art 100
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Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

LexBlog IP

a Brooklyn-based art collective, designed and manufactured the “Wavy Baby” sneakers as a collaboration with rapper Tyga as a parody of the Old Skool skate shoe made by Vans, Inc. See Vans, Inc. MSCHF Prod. Studio, Inc. , Studio, Inc. , 3d 358 (E.D.N.Y. MSCHF Product Studio Inc., ” (22-1006 Dkt. ” Id.

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Sunday Surprises

The IPKat

He holds an MA in Art Law and Art Management from the International Hellenic University and an LLM in Legal Theory and Interdisciplinary Legal Studies, focusing on copyright law, from the Aristotle University of Thessaloniki. He is pursuing an LLM in European Intellectual Property Law at Stockholm University.

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

The advent of state-of-the-art technology has especially brought this tussle to the fore, exacerbating the conflict between the two competing rights. The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs.

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Axonics, Inc. v. Medtronic, Inc. Nos. 2022-1532, 2022-1533, (Fed. Cir. August 7, 2023)

Intellectual Property Law Blog

Notably, the one-input construction would be satisfied by a prior art embodiment showing only one input value. Medtronic addressed Axonics’ one-input construction in its preliminary patent owner response, taking the position that, even under the one-input construction, the prior art cited by Axonics did not disclose the clauses at issue.

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