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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses.

IP 109
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WIPIP, Concurrent Session #1, Design

43(B)log

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v. Compco, etc.)

Designs 59
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TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. pdf here ].

Designs 52
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Brand Identifiers are Key to Managing Competition

azrights

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

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What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. What are Intellectual Property Rights (IPRs)?

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Your Copy-Rights. Trademarks.

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IP Protection of NFTs: A Comparative Look at the US and China

LexBlog IP

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses.

IP 52