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M&A Checklist — How to Prepare Your IP for the Legal Due Diligence Process

LexBlog IP

But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal due diligence process. In most cases, this can be broken down between two central areas – technology and branding. Branding is protected by either registered or common law trademarks.

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FTC Issues Guidance on Use of Consumer Reviews: Brands, Platforms and Comparison Websites Are in the Hot Seat

LexBlog IP

The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. The FTC considers such sites to be deceptive and encourages brands not to work with them.

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Central Role of IP and Marketing in Business Design

azrights

If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against the most common and damaging forms of copying in business. Lack of appreciation about what ‘brand’ and ‘IP’ mean and entail is why better education on brand creation is essential.

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Fatal Mistakes Made By The ‘Bored Ape Yacht Club’ & ‘Crypto Punks’ NFT Projects

Traverse Legal Blog

These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. These two projects offer a roadmap for any company, brand, or agency looking to launch an NFT project. The “Crypto Punk” brand name is a trademark. Due diligence is critical.

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Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?

LexBlog IP

We have previously written about key steps for brand owners to consider for their trade mark strategy in the metaverse and since then, earlier this year, the 12 th edition of the Nice Classification came into force. The case also brings to light the potential for third parties to capitalise on the goodwill of reputable brands using NFTs.

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NFTs: New Frontiers for Trademarks

IP Tech Blog

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

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Licensing vs. Franchising: Are You Accidentally Creating a Franchise?

IP Intelligence

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. Not necessarily.