LexBlog IP
MARCH 9, 2023
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. They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment.
43(B)log
DECEMBER 1, 2022
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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Kluwer Copyright Blog
MARCH 1, 2023
In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Whether to evoke nostalgia or to immerse their readers, authors use trademarks both to simulate reality and to critique it. In a recent case before the U.S. Supreme Court, Jack Daniels v. Constitution.
LexBlog IP
FEBRUARY 29, 2024
The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. Trademark law has something to say about use. His full bio can be viewed here. [1]
The IP Law Blog
JANUARY 19, 2023
In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based
Technology & Marketing Law Blog
JUNE 21, 2023
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.
Traverse Legal Blog
OCTOBER 20, 2022
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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