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.

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Trademark Ownership Branding Brands 52

IP Tech Blog

JANUARY 4, 2023

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. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Ownership and Enforcement.

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IP Ownership Non-Fungible Tokens Copyright Law 109

The IPKat

DECEMBER 16, 2021

CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. Today, we begin with developments in the copyright field.

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Copyright IP Ownership Copyright Infringement 89

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. There will be serious consequences for assigning other than human ownership to AI-generated creations.

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Copyright Intellectual Property Ownership Technology 86

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". This, much to the chagrin of…other Okanagan cities. And the database only goes back to 1991.

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Copyright Artwork Due Diligence Publishing 127

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. Tarantino , Case No.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

JANUARY 4, 2023

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. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Ownership and Enforcement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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.

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False Advertising Ownership Registration Designs 72

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Intellectual Property Cease and Desist Copyright Law Music 52

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.”

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Copying Artwork Ownership Copyright 52

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark. Introduction. Non-fungible tokens (“NFTs”) continue to be popular.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

LexBlog IP

JULY 13, 2021

It is essentially a transaction ledger that is open and decentralized, so anyone, with proper access credentials, can view the ledger to the authenticity of whatever is being transferred and the chain of ownership. Because NFTs are often digital artworks, it helps to think in terms of art. The Mona Lisa is non-fungible. IP and NFT.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

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 ”.

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Non-Fungible Tokens Artwork Editing Contracts 144

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.

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Blogging Social Media Television Fair Use 94

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. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Tokenisation and Ownership of Digital Assets under NFTs.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites. Make intangible assets.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT.

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Non-Fungible Tokens Contracts Copying Art 135

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.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

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. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available. To File or Not to File.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. They must register their unique hashtags, slogans, taglines, series names, and logos as trademarks.

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Social Media Intellectual Property Registration Branding 52

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. However, the underlying digital artwork itself is not the NFT.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.).

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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. Infringers have swiftly automated NFT minting, using copyrighted imagery and trademarks without any authorization from brand owners.

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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. Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. You bought a Bored Ape NFT. You bought a Bored Ape NFT.

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

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.

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Litigation Artistic Work Branding Brands 52

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.

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Derivative Work Licensing Artwork Contracts 87

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?

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Social Media IP Business Branding 106

Corsearch

AUGUST 2, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Trademarks A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Copyright infringement as the unauthorized use of a protected work.

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Branding Brands Branding Reporting 52

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

Art Law Journal

JUNE 30, 2022

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. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.). Trademarks.

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Intellectual Property IP Invention Designs 52

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.

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Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

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.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

LexBlog IP

MAY 18, 2022

However, a copyright registration certificate serves as evidence of ownership, which is required for enforcement actions by administrative authorities. In addition to copyright registration, Chinese courts accept electronic evidence obtained via blockchain technology to prove copyright ownership and facts of infringement.

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Designs Design Copyright Artistic Work 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

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. The reviewal process for the U.S.

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Intellectual Property Design Patent Designs Design 52

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. Scenario 1: Protecting the Work by Copyright.

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Intellectual Property Design Patent Designs Design 40