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.

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Non-Fungible Tokens Advertising Advertising Ownership 140

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. What is the intellectual property right that most suits NFTs?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IPilogue

MARCH 16, 2022

On February 4, the Recording Industry Association of America (“RIAA”) sent a demand letter to HitPiece.com’s lawyer and its founders, demanding that it stops infringing music creators’ intellectual property rights. HitPiece.com was generating controversy prior to the demand letter, with several users calling it a scam NFT site.

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Music Non-Fungible Tokens Social Media IP 131

LexBlog IP

FEBRUARY 21, 2022

This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Read the full article on World Intellectual Property Review. NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. As technology and art advance, markets are never far behind. PDF copy available. The NFTs act to authenticate these items.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

The IPKat

JULY 14, 2022

A comment to the EUIPO Guidance on NFTs by Paolo Maria Gangi As The IPKat reported a few days ago here , the European Intellectual Property Office (EUIPO) has recently released some guidance notes on its approach to the classification of non-fungible tokens (NFTs). Here's what Paolo Maria writes:- [Guest post] What is an NFT?

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Non-Fungible Tokens Artwork Editing Contracts 144

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. Court decided that an NFT platform must be responsible for the digital works it trades.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. Court decided that an NFT platform must be responsible for the digital works it trades. Background.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Provisions of intellectual property law will be applicable to NFTs.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

The IPKat

NOVEMBER 1, 2022

Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. He then searched the Copyright Database maintained by the Canadian Intellectual Property Office (CIPO).

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Copyright Artwork Due Diligence Publishing 127

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. But NFTs are separate and distinct from the digital items they are meant to authenticate, making it extremely difficult to assign title to the various intellectual property rights stemming from the sale of each NFT. .”

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Corsearch

NOVEMBER 15, 2022

NFTs have steadily grown in popularity over the last couple of years, challenging our perception of art, fashion, reality, possession, and intellectual property rights. However, there is a growing market of unauthorized NFTs, with creators simply lifting the intellectual property of brands, artists, and celebrities.

Branding 52

Branding Brands Branding Non-Fungible Tokens 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. What is the intellectual property right that most suits NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 90

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 124

Copyright Art Copyright Law Licensing 124

LexBlog IP

AUGUST 13, 2021

On July 12, 2021, Justice Andrew Borrok ruled that the rightful owners of two artworks by the Viennese Expressionist Egon Schiele (the “Artworks”) are entitled to prejudgment interest following an art dealer’s refusal to turn over the Artworks in 2015. [3] .” [2]. ” [10]. ” [10]. ” [10].

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Artwork Art Reporting Ownership 52

LexBlog IP

MARCH 16, 2023

We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. This issue recently came to a head in a 64-page federal court decision in Friel v.

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Non-Fungible Tokens Contracts Marketing Marketing 59

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

Corsearch

AUGUST 2, 2023

Pinpoint the type of infringement on Amazon If you’ve found a counterfeit, it’s critical to cite the relevant intellectual property rights to Amazon. Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works.

Branding 52

Branding Brands Branding Reporting 52

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime.

Artwork 98

Artwork Contracts Ownership IP 98

LexBlog IP

MAY 19, 2023

This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing 52

Licensing Fair Use Copyright 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. Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IPilogue

MARCH 1, 2022

Not asking someone if you can share their comic about depression before reposting it to your tens or hundreds of thousands of followers is irresponsible and can read as disrespectful of the time the illustrator put into the original artwork.” ” E: What has your experience been like collaborating with other makers?

Social Media 106

Social Media IP Business Branding 106

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 75

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. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed.

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. Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. 1] 17 U.S.C. §

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 NFTs may be represented in the form of memes, artworks, or videos. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. billion in 2021 to USD 2.2

Intellectual Property 64

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 64

LexBlog IP

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed.

Contracts 52

Contracts Artwork Law Ownership 52

IP and Legal Filings

OCTOBER 20, 2022

They can be a digital depiction of anything, including real estate, hotel bookings, tunes, artwork, and game objects. Since each NFT has a unique encoding, unlike cryptocurrencies with fungible properties, its denomination is based on the quantity and uniqueness of each item.

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Non-Fungible Tokens Artwork Ownership Art 68

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Effect on market value: Has the use of the intellectual property affected its market value?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IP and Legal Filings

FEBRUARY 7, 2023

The race to protect intellectual property rights in the Metaverse is under way, despite the fact that there is still some scepticism about the concept. It wouldn’t be overstating things to argue that, in a few years, the Metaverse might influence how we enforce and safeguard intellectual property rights.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

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Non-Fungible Tokens Ownership Contracts Copyright 52

IP and Legal Filings

NOVEMBER 18, 2021

NFTs revolutionised the concept of ownership and digital art. 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. This code provides basic information and the properties of the NFT such as its location, outside the blockchain.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). So, the question looms large: Are NFTs securities? 2].

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Non-Fungible Tokens Law Contracts Artwork 52

IIPRD

JANUARY 18, 2022

Recently, a new trend of merging of blockchain technology with creative intellectual property via non-fungible tokens (“NFTs”) had taken place. The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. NFTs and Intellectual Property Rights.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40