JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

IP and Legal Filings

MAY 24, 2024

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. However, it is unlikely that people with deep pockets who often find themselves in the waitlist for Hermès bags be fooled by virtual unaffiliated products in the NFT market.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

IIPRD

NOVEMBER 1, 2023

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. Artwork based on such a notion presents challenges when attempting to establish ownership.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Brand owners have already begun to catch up. NFTs are unique tokens based on blockchain technology and used as digital assets.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Brand owners have already begun to catch up. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Dec 21, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Intepat

OCTOBER 7, 2022

Further, the Copyright protects the following types of original artwork. Therefore, it is advised that fashion designers register their artwork following the rules of the Designs and Copyright law. Easing the Marketing Process: Developing brand awareness for your company requires using intellectual property.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

TorrentFreak

DECEMBER 24, 2021

It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding. Clickable download links are displayed on the sites alongside copyrighted cover artwork displaying Nintendo trademarks.

Social Media 140

Social Media Artwork Copyright Reporting 140

Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Easing the Marketing Process: Developing brand awareness for your company requires the use of the intellectual property. This means protecting significant rights to their original works.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Maintain your distinct brand identity. . Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Patent Law in the Entertainment Industry Patent law is concerned with protecting ideas and innovations, whereas copyright and trademark laws are primarily concerned with protecting creative works and brands.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Domain Names – A domain name, in simple terms, refers to the online identity of a brand or business.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Plagiarism Today

OCTOBER 26, 2021

They are part fashion, part artwork, part branding and part character. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”). Applicable IP rights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

As major fashion brands launch their own non-fungible tokens, others are testing the limits of trademark enforcement in the digital realm, say Cynthia Walden and Sarah Kelleher of Fish & Richardson. As technology and art advance, markets are never far behind. NFTs are H ere to Stay. To File or Not to File.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

43(B)log

MAY 2, 2022

The court dismissed the GBL claims and held WGACA liable for infringing Chanel’s marks as to eleven non-Chanel handbags sold as having been authorized for sale by one Chanel factory, and one Chanel-branded handbag with a pirated serial number. The rest had to await a factfinder. second-hand.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Art Law Journal

DECEMBER 15, 2021

Ad agencies are the powerhouses behind campaigns used by organizations, brands, and even individual people. This pitch includes the objective of the campaign, the style sheet or brand guidelines, the look and feel of the campaign (including scripts), and needs across photos, illustrations, and videos.

Social Media 52

Social Media Art Branding Brands 52

IPilogue

MARCH 1, 2022

This article was prompted in part by Tabathia, also known as The Adorned Fox (“TAF”), whose post on trademarking her brand spurred me to reach out and learn more about her experience. Emily (E): What prompted you to protect TAF and trademark your brand? What about with larger brands (i.e.,

Social Media 106

Social Media IP Business Branding 106

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Edit and curate the artwork in your digital art portfolio, so it represents the authentic you. Only use high-quality images of your artwork. Wix : for pixel-perfect designs.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Edit and curate the artwork in your digital artist portfolio so it represents the authentic you. Only use high-quality images of your artwork. Wix : for pixel-perfect designs.

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

SEPTEMBER 15, 2022

” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork. ” Rothschild lost his motion to dismiss and is seeking certification for an interlocutory appeal. .”

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. It therefore held that Morison was also liable for copyright infringement of the artwork in the registered trademark.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. Trademarks: A trademark is a type of intellectual property that protects brand names and logos. What are intellectual property and intellectual property rights? Investors and Due Diligence.

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”).

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Art Law Journal

JUNE 30, 2022

For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

The IPKat

APRIL 17, 2024

From oil paintings to bucket hats, the artworks emerged initially for the Roskilde Festival in June 2022, depicting the Irma Girl in an uncharacteristically rebellious light – with a beer in hand, a soundbox on her back, and a cigarette in her mouth.

Trademark 73

Trademark Artwork Social Media Trademark Law 73

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? Penultimately, what about the album title, Michael , and artwork, featuring images of Jackson?

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

FEBRUARY 16, 2024

The Rogers test is for situations in which the use does not indicate source, as in the title of the song Barbie Girl or the use of images of trademarked goods in artwork or movies. Punchbowl News/Hog Farm cases seem like branding uses—establishing independent identity under the mark. None of those were branding uses.

Trademark 59

Trademark Fair Use Registration False Advertising 59