IP Law 360

JUNE 23, 2023

A New York federal judge rejected Friday a Los Angeles designer's request for a new trial and his challenge of Hermes International's jury win in its trademark lawsuit over the designer's "MetaBirkins" non-fungible tokens, rejecting his argument that jury instructions misled jurors about expressive work protected under the First Amendment.

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IP Law 360

JULY 25, 2023

The Los Angeles designer accused of ripping off French fashion house Hermès with his collection of "MetaBirkin" non-fungible tokens told a New York federal judge that he plans to take multiple decisions in the case to the Second Circuit after the district court held that a jury fairly decided he had infringed Hermès trademarks.

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IP Law 360

FEBRUARY 6, 2023

A Manhattan federal jury deliberated infringement claims Monday against a California designer who argues his "MetaBirkin" non-fungible tokens are artistic expression shielded from trademark liability by the First Amendment despite obvious similarities to Hermes International's Birkin handbags.

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JD Supra Law

JULY 21, 2022

Insurance has the potential to play a significant role in the metaverse, which is often defined as an immersive environment designed to be an extension or replica of the real world. By: Faegre Drinker Biddle & Reath LLP

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IP Law 360

FEBRUARY 1, 2023

A California designer who compares his work to that of Andy Warhol viewed his line of "MetaBirkin" non-fungible tokens as a "gold mine," a jury hearing trademark infringement claims brought by Birkin handbag maker Hermes International heard Wednesday.

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IP Law 360

FEBRUARY 7, 2023

A Manhattan federal judge instructed a jury mulling trademark claims against "MetaBirkin" maker Mason Rothschild to keep deliberating after jurors hinted Tuesday they see both infringement and artistic expression in the California designer's non-fungible tokens that resemble Hermes International's Birkin handbags.

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IP Law 360

OCTOBER 11, 2022

Hermes International and the designer of "MetaBirkins" non-fungible tokens have asked a Manhattan federal judge for dueling quick wins in the French design house's trademark infringement lawsuit, with both sides saying the discovery process has revealed supporting evidence.

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IP Law 360

JANUARY 30, 2023

An expert on Andy Warhol's art will not be permitted to testify at trial on behalf of a Los Angeles designer whose "Metabirkins" non-fungible tokens are alleged by luxury brand Hermes International to infringe trademarks protecting its pricey Birkin handbags, Manhattan U.S. District Judge Jed S. Rakoff held Monday.

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IP Law 360

FEBRUARY 8, 2023

A Manhattan federal jury on Wednesday held Los Angeles designer Mason Rothschild liable for trademark infringement for his 'MetaBirkins' non-fungible tokens, handing Paris fashion house Hermes a victory in a closely watched dispute that could impact future conduct in the world of fashion and NFTs.

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JD Supra Law

FEBRUARY 10, 2023

A Manhattan federal jury recently ruled in favor of Paris fashion house Hermès in a trademark infringement case against designer Mason Rothschild. Rothschild had created ‘MetaBirkins’ non-fungible tokens (NFTs) that used the Hermès Birkin bag design without the company’s permission. By: Caldwell

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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. Are NFTs (Non Fungible Tokens) Considered Intellectual Property? What is a Non Fungible Token?

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IP Law 360

MARCH 4, 2022

This past week in London has seen an art collector sue a marketplace for non-fungible tokens, a British rap trio do battle with their manager, and two DIY stores throw the kitchen sink at each other over designs. Here, Law360 looks at those and other new claims in the U.K.

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LexBlog IP

JULY 13, 2022

On June 23 rd , 2022, the European Union Intellectual Property Office (“ EUIPO ”) published its recommendations regarding the class to be opted for when applying for a trademark designating virtual goods, non-fungible tokens (“ NFT(s) ”) and other products displayed in metaverse.

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SpicyIP

MAY 18, 2022

Class 9: Virtual two wheelers; virtual motorcycles; virtual scooters; virtual three wheelers; virtual electric vehicles; virtual gaming studio, virtual gaming parlour, downloadable multimedia files containing artwork, text, audio and video files and non-fungible tokens. Application date. Description (shortened). Feb 25, 2022.

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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. Non-fungible tokens are a relatively new thing and even newer in the gaming industry.

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LexBlog IP

JULY 18, 2022

In a case that is likely to provide much awaited guidance on the application of trade mark law to non-fungible tokens (NFTs), luxury design house Hermès International and Hermès of Paris, Inc. Hermès) is suing artist Mason Rothschild in the U.S.

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The IPKat

MAY 3, 2022

We’ve had Decentraland’s ‘ Metaverse Fashion Week ’, where attendees could buy wearable NFTs (Non Fungible Tokens, non-interchangeable digital assets stored on a blockchain), PrettyLittleThing’s first virtual model (launched to a mixed reaction), and the entry of Shiba Inu coin ('SHIB' – an alternative to Dogecoin) into the Metaverse.

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Traverse Legal Blog

AUGUST 15, 2022

The basic explanation is that an NFT, or “non-fungible token” is a digital asset that links ownership to unique digital items. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What are NFTs? NFT Technology.

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LexBlog IP

JANUARY 20, 2022

IPNews® – Fashion bag designer Hermès, creator of the popular Birkin bag, has sued Mason Rothschild over an NFT he created named MetaBirkins. NFT’s (Non-fungible tokens) are all the rage lately and this area of law is just beginning to develop.

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JD Supra Law

FEBRUARY 22, 2022

Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. Nike, Air Jordan, Jumpman, the “Swoosh” Design) in the.

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LexBlog IP

FEBRUARY 15, 2023

After being inspired by actress Jane Birkin on an Air France flight, Hermès chief executive Jean-Louis Dumas designed the Birkin handbag in 1984. In December 2021, artist Mason Rothschild began selling non-fungible tokens (“NFTs”) displaying Birkin bags along with the designation METABIRKINS.

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Garrigues Blog

OCTOBER 26, 2022

Non-fungible tokens, or NFTs, have come to hold a fundamental place in the digital universe and, specifically, in the so-called Web3. Although at present NFTs are scarcely used beyond mere collectibles, the growing interest in the metaverse is making non-fungible tokens extremely useful assets in our virtual lives.

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LexBlog IP

JUNE 29, 2023

I am a co-author of this paper with my fellow AIPLA committee colleagues, who each provided perspectives on AR/VR as it relates to the Metaverse and in view of current utility and design patent law. The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

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IPilogue

JANUARY 26, 2023

With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. Areeb Daimee is a 2L JD candidate at the University of Western Ontario Faculty of Law.

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The IPKat

JANUARY 13, 2022

Consider the recent WIPO webinar , "Blockchain Whitepaper for IP Ecosystems", at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungible tokens. The process of creating a digital asset with a smart contract is called "minting".

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Intellectual Property Non-Fungible Tokens IP Contracts 97

Plagiarism Today

MAY 17, 2022

Dubbed DeviantArt Protect and Launched in July 2021 , the system was originally designed to help artists detect duplicates or near-duplicates of their images on the internet. However, the service became much better known after it expanded its detection capabilities to include non-fungible tokens (NFTs).

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IPilogue

MARCH 14, 2022

and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos. For those of you like me who have survived this long asking the question “what is an NFT?”

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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.

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The IPKat

APRIL 19, 2023

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungible tokens (NFTs). The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

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The IPKat

JULY 20, 2022

Below is a recap of the latest news from the Kat-world to keep you fresh and cool:- Trade Marks The European Intellectual Property Office (EUIPO) has recently issued some guidance notes on its approach to classifying items relating to virtual and non-fungible tokens (NFTs).

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Olartemoure Blog

SEPTEMBER 27, 2022

The virtual universe Decentraland hosted in March 2022, the first Metaverse Fashion Week which was a success, as it featured more than 70 brands, artists and designers. The online clothing, the virtual versions of the items, are in the form of what is known as NFTs (non-fungible tokens).

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IP and Legal Filings

OCTOBER 18, 2022

NFTs, which stand for “ Non-Fungible Tokens ,” must first be understood in order to comprehend what “fungible” means. A commodity is said to be fungible in economics if it can be exchanged for another unit of the same commodity without losing any value.

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Olartemoure Blog

MAY 13, 2022

Last week, The UK’s High Court, recognized NFTs (non-fungible tokens) as property , separate from the underlying right they represent, capable of being frozen by way of an injunction. . 12/05/22 – International Trade. 12/05/22 – International Trade. 12/05/22 – Innovation.

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IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School.

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Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

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The IPKat

MARCH 6, 2022

TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.

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The IPKat

FEBRUARY 16, 2024

Haberman, a graphic designer-turned-inventor, provides first-hand insight on how crucial even a fundamental knowledge and understanding of IP is to students in non-law disciplines with career paths into the creative and business sectors in particular, but the teaching of the subject is regularly lacking.

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