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.

Artwork 75

Artwork Art Government Trademark 75

SpicyIP

MAY 18, 2022

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. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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Non-Fungible Tokens Trademark Artwork Art 122

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.

Non-Fungible Tokens 105

Non-Fungible Tokens Artwork Designs Design 105

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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Non-Fungible Tokens Artwork Trademark Art 97

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 96

The IP Law Blog

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 Law IP 104

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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Trademark Registration Intellectual Property Branding 52

LexBlog IP

JANUARY 20, 2022

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. NFT’s (Non-fungible tokens) are all the rage lately and this area of law is just beginning to develop.

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Non-Fungible Tokens Trademark Artwork Designs 52

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

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.

Artwork 40

Artwork IP Trademark Copyright 40

Patent Trademark Blog

JULY 13, 2023

In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Trademark protection for product shapes can be particularly challenging. It is possible to obtain a copyright registration on 2-dimensional artwork without regard to the medium on which the artwork is displayed.

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Designs Design Copyright Artwork 52

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?

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

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

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. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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

Artwork 68

Artwork Trademark Law Trademark Law 68

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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Non-Fungible Tokens Copyright Law Trademark Copyright 49

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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Non-Fungible Tokens Artwork Licensing Branding 131

Patent Trademark Blog

SEPTEMBER 20, 2023

Typically, design patents cover three-dimensional shapes without regard to any two-dimensional artwork that might be displayed on any surfaces. When it is arguable whether an accused product would infringe a design patent, then the addition of two-dimensional artwork to an accused product could tip the scales toward noninfringement.

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Design Patent Designs Design Patent Application 52

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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Registration Artistic Work Copyright Registering Trademarks 98

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

Blogging 52

Blogging Artwork IP Law 52

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:

Blogging 52

Blogging Artwork IP Law 52

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. Literary: 4. I definitely did not expect this many music and movie cases in the CCB.

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Copyright Artwork Music Blogging 129

CoCal IP Law Institute

JULY 9, 2023

On Monday, July 10, Chris Kopitzke will lead the discussion about a Supreme Court trademark decision concerning a doggie chew toy, along with a copyright case in the Southern District of Florida about dueling artworks featuring bananas and duct tape. In Jack Daniel’s Properties v. VIP Products, No. June 8, 2023), [.]

Artwork 40

Artwork Copyright Trademark 40

Plagiarism Today

AUGUST 4, 2022

First off today, Toyworld reports that Roblox has filed a lawsuit against the toy maker WowWee alleging that WowWee’s new line of dolls violates both their copyrights and trademarks. Howwever, according to Roblox, this is a violation of both their copyrights and their trademarks as the elements of the avatars are owned by them. .”

Artwork 165

Artwork Plagiarism Intellectual Property Licensing 165

Plagiarism Today

JULY 28, 2021

They are also seeking damages for trademark violations and alleged violations of the Computer Fraud and Abuse Act. The plaintiffs are seeking an injunction against any further distribution as well as the maximum statutory damages on the copyright counts and damages. 2: Google Urged to Pay News Copyright Fees.

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Copyright Infringement Derivative Work Artwork Licensing 246

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

Blogging 40

Blogging Artwork IP Law 40

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

IPilogue

JUNE 30, 2022

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? However, unlike India, Canadian courts also do not accord trademark protection to titles. in recent years.

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Cinema Artwork Trademark IP 106

LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

Trademark 52

Trademark Business Cinema Music 52

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

LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. What Are Trademark Classes?

Trademark 52

Trademark Business Music Advertising 52

IPilogue

JULY 6, 2022

The May 18 th 2022 decision by Judge Rakoff for a motion to dismiss in the case of Hermès International and Hermès Paris, Inc v Mason Rothschild clarified the applicability of Rogers v Grimaldi and the Polaroid likelihood-of-confusion factors on NFTs containing trademarks for artistic expression. The Decision.

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Art Trademark Artwork Marketing 109

Patent Trademark Blog

FEBRUARY 24, 2022

What if you want to register only a 2-dimensional graphic design or artwork? The same principle would apply to artwork or graphic designs shown on consumer goods. Confer with your patent attorney to explore the option of drawing the consumer good in broken lines and the artwork in solid lines.

Design Patent 52

Design Patent Designs Design Graphic Design 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". 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

IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

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Business Artwork Intellectual Property Copyright Infringement 59

Patent Trademark Blog

MAY 26, 2023

The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. Can you trademark a product shape or feature? Though it is possible to register a product shape as a trademark, it is highly difficult to do so. Product shape trademarks , therefore, are very rare.

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IP Patent Design Patent Artwork 75