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.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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

IIPRD

JUNE 9, 2024

When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc. that identifies a product or a service that is distinguishable by a common man.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

IP and Legal Filings

OCTOBER 28, 2022

Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

Non-Fungible Tokens 82

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 82

LexBlog IP

AUGUST 3, 2023

The picture in trademark law is different, however, since it is the source identification function that ties a symbol such as a logo or design mark to a particular party’s good or services—not how such a symbol was initially created—that is legally important.

IP 52

IP Intellectual Property Artwork Designs 52

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.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IPilogue

NOVEMBER 17, 2021

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.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Kashishipr

AUGUST 17, 2022

Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others. Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Traverse Legal Blog

APRIL 6, 2021

Domain Names & Trademarks. Let’s say that you are a small business or start-up company that is trying to secure a domain name that matches your trademark. There are many landing pages out there on domain names that are a good match for your trademark, and no one appears to be using those web pages.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

The IPKat

APRIL 17, 2024

The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. She has neat, blonde hair styled with an impeccable blue bow.

Trademark 70

Trademark Artwork Social Media Trademark Law 70

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.

Litigation 52

Litigation Artistic Work Branding Brands 52

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. artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. Intro, Graeme Dinwoodie Ornamentality is undertheorized.

Trademark Law 75

Trademark Law Law Trademark Registration 75

SpicyIP

MARCH 10, 2023

The territory would ideally have to be the world, for an artwork or an article published online, and also, it would be difficult to practically take down the same after 5 years. It would probably be possible to take down one article, but how will this work in case of thousands or lakhs of such works.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

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.

Artwork 118

Artwork Branding Brands Branding 118

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.

Trademark 79

Trademark Non-Fungible Tokens Branding Brands 79

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? You bought a Bored Ape NFT. Can I copy and use a digital asset linked to an NFT?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

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.

Intellectual Property 63

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 63

Patently-O

JUNE 8, 2023

by Dennis Crouch The Supreme Court recently issued its pro-trademark-owner opinion Jack Daniel’s Properties, Inc. The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” See Rogers v. Grimaldi , 875 F. 2d 994 (2nd Cir.

Trademark Law 69

Trademark Law Trademark Law Fair Use 69

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.

Registration 74

Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” (Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Factual and Procedural Background.

Registration 77

Registration Blogging Copyright Designs 77