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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).

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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2

The IPKat

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file.

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Ten things to know about NFTs

The IPKat

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

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Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

43(B)log

The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. Thingiverse cube Kitchen Cube made and sold copies of the Cube. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

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Intellectual Property Rights for Social Media Influencers

IIPRD

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Obtain legal ownership verification.

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Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

43(B)log

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Jose Antonio Arochi: Mexico doesn’t have specific regulations.