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). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 91

Fair Use Licensing Copying Artwork 91

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

The IPKat

MARCH 13, 2022

It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. In 2014, the Milan Court of First Instance dismissed the action in its entirety. A final appeal to the Italian Supreme Court followed.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. It currently accounts for about 15% of the entire revenue spent on global advertising. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

Copyright Law 86

Copyright Law Art Copyright Law 86

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. There is disagreement among commentators whether this is a desirable development.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

Blogging 52

Blogging Law IP Fair Use 52

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1”

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

FEBRUARY 21, 2022

million) knew that the NFT may or may not reference any art at all. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. The cat painting itself does not usually immutably exist on the blockchain. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Image source: iStock].

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Tiffany created 250 NFTs and put them on the market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 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

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 96

Contracts Law Artwork Copyright 96

Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Scenario 1: Protecting the Work by Copyright.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. the restriction against reproducing or copying copyright works) or communication right is infringed. When it comes to younger millennials and Gen Z market segments, sustainable fashion and beauty is a major motivator.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

LexBlog IP

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 52

Contracts Artwork Law Ownership 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. Half a century later, the art market went crazy for a formaldehyde shark that sold for $12 million, the price tag having nothing to do with the physical object but instead the conceptual novelty. As technology and art advance, markets are never far behind.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. artworks as TMs. Why not have it across all consumer markets? Grimaldi are trending in that direction.]

Trademark Law 75

Trademark Law Law Trademark Registration 75

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

LexBlog IP

APRIL 20, 2022

It concerned the campaign practice of Prabhu Datta Goud, a candidate for local village chief, who each day on the campaign trail would buy a live fish in the market and then cradle the flopping fish in his bare hands as he visited voters door-to-door. (He As to the real kind, you can check out some Easter Egg related patents here.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52