Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IP and Legal Filings

SEPTEMBER 8, 2021

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. Like any other trademark , the cryptocurrency mark must be distinctive. In 2016, the USPTO rejected Bitcoin’s trademark application.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

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. 1] 17 U.S.C. §

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

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. What is Intellectual Property?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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 83

Trademark Non-Fungible Tokens Branding Brands 83

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. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. What Is A Trademark & How Does It Impact NFT Drops? A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Read the full article on World Intellectual Property Review. PDF copy available. The NFTs act to authenticate these items.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IP Tech Blog

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Ownership and Enforcement. Copyright Ownership.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? The author decided to search the Canadian Trademark Database for information on what had been registered under the mark "Ogopogo". He then searched the Copyright Database maintained by the Canadian Intellectual Property Office (CIPO).

Copyright 127

Copyright Artwork Due Diligence Publishing 127

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?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Apart from financial regulations, these tokens also pierce into restrictions imposed for the protection of intellectual property. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

Blogging 92

Blogging Social Media Television Fair Use 92

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?

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

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

What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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

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. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI. The second prong of the test requires a showing of “copying” and “unlawful appropriation.”

Copying 52

Copying Artwork Ownership Copyright 52

Kluwer Copyright Blog

JULY 20, 2022

Significantly, the vast majority of NFTs do not include a copy of the underlying work ‘as is’, but rather, only include the alpha-numeric signature or URL that is associated with the underlying work, although some low-resolution artwork is stored on the blockchain with the NFT. The communication to the public right. by Alexander Puutio. €

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. 1989) and provides strong protection to uses of trademarks that implicate freedom of speech issue. Grimaldi , 875 F.2d 2d 994 (2d Cir.

Litigation 52

Litigation Artistic Work Branding Brands 52

IPilogue

MARCH 1, 2022

However, it also brings new dimensions to copyright and trademark issues. 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?

Social Media 106

Social Media IP Business Branding 106

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. trademark office records reveals that Viacom obtained rights in a broad array of TMNT marks after a highly-publicized purchase from the Mirage Group in 2009. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. You Own the NFT.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

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.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” However, a copyright registration certificate serves as evidence of ownership, which is required for enforcement actions by administrative authorities. copyright law. Like in the U.S.,

Designs 52

Designs Design Copyright Artistic Work 52