Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

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Registration Trademark Blogging Law 74

IP Law 360

MAY 1, 2024

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. The views expressed in this post are personal. Aparajita Lath. Image from here. Feb 25, 2022.

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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. Copyrighting vs Trademarking NFTs.

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IP Law 360

APRIL 12, 2023

Native American artists and craftspeople are weighing in on draft amendment proposals for the Indian Arts and Crafts Act as the federal government looks to update the legislation with more modern regulations, including new certification trademarks.

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IP Law 360

MARCH 14, 2024

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

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JD Supra Law

FEBRUARY 13, 2023

Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag. In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al.

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JD Supra Law

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

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LexBlog IP

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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Blogging Artwork IP Law 52

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

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Artwork Trademark Publishing Marketing 98

Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Whether it’s virtual reality experiences, in-app purchases, or digital assets, protecting your brand and creations with a trademark is essential. In this article, we will explore the process of obtaining a trademark for virtual goods and the importance of seeking guidance from a trademark and patent attorney in India.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

LexBlog IP

JANUARY 20, 2022

NFT’s (Non-fungible tokens) are all the rage lately and this area of law is just beginning to develop. NFT’s are often represented by digital artwork, photos, audio and even video. To continue reading, click: NFT Trademark Lawsuit Over Fashion Bags Heads To Federal Court.

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Non-Fungible Tokens Trademark Artwork Designs 52

JD Supra Law

MAY 17, 2022

NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world tangible items, such as artwork and real property, or digital files including an image, GIF, or tweet. NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. By: Jones Day

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Artwork Ownership Trademark 98

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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Trademark Non-Fungible Tokens Branding Brands 83

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

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Trademark Fair Use Registration False Advertising 59

JD Supra Law

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

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Blogging Artwork IP Law 40

JD Supra Law

OCTOBER 17, 2022

A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive work? Is the Wavy Baby a sneaker or a comment on “sneaker culture”? By: Miller Nash LLP

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Artwork Trademark Law Trademark Law 68

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. 2) Can reporting on dupes of famous perfumes amount to trademark infringement? It will focus on the s.10(3)

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Blogging Law IP Fair Use 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

Patentably Defined

AUGUST 28, 2022

Trademarks and copyrights can often be confused with one another, but they are actually quite different. A trademark is a symbol, name, or other device used to identify the source of a good or service. Trademarks A trademark is a symbol, name, or design that is used to identify the products or services of a particular company.

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Trademark Copyright Artwork Music 40

Technology & Marketing Law Blog

JULY 16, 2022

Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8. Also… This claim against SiteJabber is based on trademarks, not copyright. A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook].

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IP Law 360

FEBRUARY 1, 2023

What started out as an allegedly threatening letter to a seller of picture hangers has turned into a federal court case in North Carolina asking a judge to declare that no one can hold a copyright or trademark on a certain type of hook.

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Artwork IP Trademark Copyright 40

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Plaintiff’s Arguments. SSPL was incorporated in 2004.

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43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence. Much of the law is a collection of rules of thumb from registration context. artworks as TMs.

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Trademark Law Law Trademark Registration 75

IP and Legal Filings

MAY 24, 2024

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

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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.

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IPilogue

JUNE 30, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On May 09, 2022 , the Delhi High Court protected the title of the iconic Bollywood movie “ Sholay ” from trademark infringement and passing-off by a U.S. Can movie titles be protected as trademarks in India?

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Cinema Artwork Trademark IP 106

TorrentFreak

APRIL 26, 2024

Nintendo has a reputation for taking action against content featuring its characters and artwork so removing it now is the right thing to do. In other parts of the notice, takedowns were requested under trademark law. No games piracy in sight, only alleged infringement in characters, artwork, and audiovisual works.

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IPilogue

JULY 6, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. This case has significance in the application of our current understanding of trademark infringement in the metaverse. This case has significance in the application of our current understanding of trademark infringement in the metaverse.

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Art Trademark Artwork Marketing 109

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright and trademark are the most important IP rights in this industry.

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Kluwer Copyright Blog

JUNE 30, 2021

This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment. The evolution in the case law of the Second Circuit may constitute a game changer for documentary makers.

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LexBlog IP

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

43(B)log

JANUARY 16, 2024

Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and drawings were not transformative, and thus were unfair, at least when images of the artworks were licensed to illustrate articles about Prince. In Jack Daniel’s v.

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IP Artwork Intellectual Property Licensing 81

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. Consequently, trademark infringement is becoming a concern in this new world. [Image source:Gettyimage]. The Metaverse comprises various technologies, each with its own IPR implications. NIKE’S CONTENTION: i. THE IMPLICATIONS OF THE CASE.

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