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Takeaways from the Hermès Litigation over MetaBirkins NFTs

LexBlog IP

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work.

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Jack Daniels v. VIP Products and the Freedom to Parody and Comment in the United States

Kluwer Copyright Blog

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. Supreme Court, Jack Daniels v.

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Can Celebrity Catchphrases be Intellectually Protected?

IIPRD

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Positionin India Indian judicial position regarding copyright and trademark of celebrity catchphrases is not clear. In Reebok India v. For instance, in the U.S.A.,

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Copyright Laws & Trademark Infringement for NFTs

Traverse Legal Blog

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. How are Trademarks Used?

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100
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WIPIP 2022, Session 6 (TM)

43(B)log

Summary of current treatment: Although courts have often referred to “expressive” or “artisticworks as shorthand for the scope of Rogers, they have applied it to speech that quali?es Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.