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

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

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. The candidate will obtain a certificate file right away confirming that they—and they alone—now possess ownership of this digital creation.

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Non-Fungible Tokens Artwork Ownership Art 70

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

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

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.

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Non-Fungible Tokens Trademark Artwork Art 122

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. Since this is a new phenomenon, the lack of regulation result in NFTs operating in a legal vacuum.

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

IP and Legal Filings

OCTOBER 18, 2022

However, as artwork typically cannot be duplicated exactly and cannot be swapped with another without losing or gaining value, it is non-fungible. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. NFTs are viewed as the future of ownership by enthusiasts.

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Non-Fungible Tokens Artwork Privacy Ownership 52

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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

The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. The study also found that the market continued to grow after the implementation of the resale right in 2006. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

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. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 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. Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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].

Artwork 52

Artwork Art Reporting Ownership 52

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

IPilogue

MARCH 16, 2022

The letter, which describes the site’s actions as “outright theft” and “outrageous as it is brazen,” further demands that HitPiece.com “provide[s] a complete listing of site activities and revenues to date, and account for all NFTs and artwork auctioned off.”. Music NFTs Create New Possibilities for Artists.

Music 131

Music Non-Fungible Tokens Social Media IP 131

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

Trademark 52

Trademark Ownership Branding Brands 52

TorrentFreak

JANUARY 5, 2022

I]t could also mislead others into believing they have the rights to pursue similar deals or offerings, when in fact Miramax holds the rights needed to develop, market, and sell NFTs relating to its deep film library,” the movie studio wrote. For example, early artwork featuring Samuel L. Tarantino wholeheartedly disagreed.

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Non-Fungible Tokens Copyright Copyright Infringement Artwork 131

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. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Obtain legal ownership verification. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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. The City of Vernon’s heretofore long-forgotten and dormant copyright ownership was suddenly—and uncomfortably for Council--put into the spotlight.

Copyright 127

Copyright Artwork Due Diligence Publishing 127

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 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

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 123

Copyright Art Copyright Law Licensing 123

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.

Blogging 92

Blogging Social Media Television Fair Use 92

IP and Legal Filings

OCTOBER 19, 2022

Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. ” The transfer of ownership or copyrights of the specific assets or works to another person is typically not specified in such smart contracts.

Artwork 61

Artwork Copying Contracts Copyright 61

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

The IPKat

MARCH 13, 2022

A final appeal to the Italian Supreme Court followed. It is important to recall that such appeals only concern the correct interpretation of legislative provisions.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” Users are expressing their annoyance at the frauds that have already taken over the NFT market.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 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

Corsearch

NOVEMBER 15, 2022

A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual². 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

Traverse Legal Blog

OCTOBER 20, 2022

Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Effect on market value: Has the use of the intellectual property affected its market value? Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection.

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. 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

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

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

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. Introduction. Non-fungible tokens (“NFTs”) continue to be popular.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86