LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. That is not true. ” ( Id. ” ( Id. at *17-18.)

Litigation 52

Litigation Artistic Work Branding Brands 52

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 80

Social Media Ownership Designs Design 80

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Teamsters Loc.

Social Media 99

Social Media Ownership Branding Brands 99

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. These are non-fungible, implying that they are unique and can never be replaced by something.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

azrights

MARCH 23, 2022

What’s often involved is to find a new name, get a new logo and website, pay for new signage, new menu designs, and flyers. Just as you would first do legal searches and buy physical property so your name is on the title deeds, so it’s important to secure ownership over the name you intend to use by registering it as a trademark.

Business 52

Business Branding Brands Branding 52

Patently-O

OCTOBER 18, 2021

2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle. 2884 – Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act. Crapo, R-ID; and Sen.

Patent 55

Patent Ownership Settlement Branding 55

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. Manuscripts, designs and art can all be classified as intellectual property. An NFT shows proof of ownership for a digital object. Can NFTs Reflect Ownership License Rights or Other IP?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

JULY 11, 2021

Copyright IPLens blog looked at several recent decisions of the Court of Milan, to see how the CJEU Cofemel decision has impacted on the copyright protection of industrial designs [see also an IPKat post the Kiko case, where the Italian Supreme Court applied Cofemel to Kiko store layout]. The current battle is over a U.S.

Blogging 67

Blogging Non-Fungible Tokens IP Ownership 67

IPilogue

MARCH 28, 2023

The Los Angeles-based (“San Antonio”) is known for their Stella Rosa brand that they have produced under the trademarks since 1998. Accordingly, San Antonio filed a complaint for trademark infringement, trademark dilution, and false designation of origin. they can designate a person in the U.S. They did so under s. lawsuit.

Trademark 105

Trademark Government Ownership Designs 105

Traverse Legal Blog

MARCH 8, 2022

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.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. Design patents can also apply depending on the goods and circumstances.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

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. Notably, this novel method of tracking ownership makes the resale process more structured and viable.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. So the accounts remain in limbo for now.

Social Media 80

Social Media Ownership Marketing Marketing 80

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. Partridge, offers a view on the overlaps between trade marks and domain names.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

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. This is because the storage of a digital version of creations does not designate the title of the creator per se, let alone its trading. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

FEBRUARY 7, 2023

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. The general public could view the collection’s three-dimensional designs by scanning a QR code.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. In practice, there is a constant interplay between use of identifiers and ownership of them. Staples, Office Depot and Office World were the 3 brands left standing in their category.

Trademark 52

Trademark Branding Brands Branding 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Gardens Alive’s family of brands include, among others, Weeks Roses. 4:21-cv-00113-SEB-DML.

Trademark 52

Trademark Branding Brands Branding 52

IPilogue

MARCH 28, 2023

The Los Angeles-based (“San Antonio”) is known for their Stella Rosa brand that they have produced under the trademarks since 1998. Accordingly, San Antonio filed a complaint for trademark infringement, trademark dilution, and false designation of origin. they can designate a person in the U.S. They did so under s. lawsuit.

Trademark 40

Trademark Government Ownership Designs 40

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. You may see your trademark rights getting diluted and possibly canceled through litigation.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Its cancellation petition for Zenú has been suspended during this litigation.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

MAY 3, 2023

Another surprising addition to Willie’s intellectual stockpile is his line of eco-friendly guitar picks, made from sustainable materials and designed to biodegrade after use. His invention, dubbed the “Willie Pick,” has gained traction among environmentally-conscious musicians worldwide.

Intellectual Property 52

Intellectual Property Music Invention Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks.

Social Media 80

Social Media Contracts Ownership Business 80

Patent Trademark Blog

MARCH 18, 2022

When consumers see a particular brand, the mark tells them that the product comes from a particular company. Consumers may expect a certain level of quality or other product characteristics from a brand owner. Customers might expect to pay more, or less, depending upon the brand of the product. Trademarks can last indefinitely.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Intergrow Brands Pvt. Read on to know more. What’s in a Name?

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JANUARY 29, 2024

SpicyIP Tidbit)Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles! & Anr on 24 January, 2024 (Delhi High Court) The plaintiff filed an injunction application against the defendant alleging infringement of their registered design and for passing off in relation to the plaintiff’s product, K-BIND.

Music 59

Music Intellectual Property Copyright IP 59

SpicyIP

SEPTEMBER 15, 2021

Even an achromatic silhouette or etching of these moves, if imprinted upon an ordinary apparel, can transform it into a branded sports-product. This independently chosen, show of unverbalized emotions, is therefore, an inherently a unique demonstration, which is designed by the players for themselves, and is therefore copyrightable.

Copyright 126

Copyright Marketing Marketing IP 126

LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. What if rules are largely written by the regulated parties? Was more heavily used 1999-2003.

IP 45

IP Invention Designs Design 45

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. notes to create a specific type of scent. Dossier is a classic dupe provider.

Music 52

Music Art Copying Licensing 52