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“Wavy Baby” Case Tests Definition of an Expressive Work

JD Supra Law

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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Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too

IPilogue

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. street artist Banksy.

Trademark 105
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The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

The IP Law Blog

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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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect. Concluding Remarks.

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. They are part fashion, part artwork, part branding and part character.

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

In the US too, several companies are protecting their trademarks for similar goods and services. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Dec 21, 2021.

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Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork.

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