IPilogue

MARCH 14, 2022

Therefore, Nike claims that the sale of the NFT of a Nike product constitutes a trademark infringement, trademark dilution, false designation of origin, and many other unauthorized use violations. When StockX sells these NFTs, the NFT is often a picture of the item made by another company— in Nike’s case, eight out of nine times.

Non-Fungible Tokens 122

Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Prior Posts on Section 512(f).

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers.

Business 131

Business Contracts Branding Brands 131

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Teamsters Loc.

Social Media 98

Social Media Ownership Branding Brands 98

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

Indiana Intellectual Property Law

DECEMBER 5, 2022

Elkhart, Indiana – Phoenix USA RV, Inc. , (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States. Many of the employees became unhappy with the direction of the company under new ownership. Continue reading.

Ownership 52

Ownership Designs Design Marketing 52

Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Any product, design, or process that does something using a novel methodology or solves an existing technical problem is an invention. Patents give you the much-needed competitive edge in the market.

Invention 105

Invention Patent Inventor Intellectual Property 105

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. This might include brand names, product line names, style names, or even unique packaging or product design.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 65

Ownership Licensing Copyright Fair Use 65

Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. At the crux of both cases lies the conundrum of copyright ownership and infringement. The repercussions of the Kat von D and S.

Copyright 79

Copyright Fair Use Copyright Law Settlement 79

IPilogue

MARCH 9, 2022

Behind every video game, there is a video game designer. And behind every designer, there is a publisher. In Sony’s case, it is likely more cost-efficient to purchase Bungie and gain some ownership over its future games than to create games itself for its PlayStation consoles. billion USD.

Intellectual Property 103

Intellectual Property Ownership Publishing Designs 103

The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication. Seems like a nonsequitur to me - ed.

Marketing 70

Marketing Marketing Ownership Registration 70

Technology & Marketing Law Blog

MARCH 8, 2024

Without hearing from the defense, the adjudicators are far too likely to find over-infringement and give insufficient credit to the defenses (such as the first sale defense for used/gray market goods). Ex parte proceedings, where the putative rightsowner tells an unrebutted story, are highly likely to get it wrong.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds. Thus, CDL should be upheld under fair use.

Copyright 117

Copyright Fair Use Publishing Marketing 117

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”).

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 70

Designs Design Television Ownership 70

IPilogue

DECEMBER 23, 2021

Gibson and Fender’s signature craftsmanship and quality declined dramatically due to changing economic circumstances, decisions to cut material costs (while keeping a high price point), and new ownership. American-made guitars had largely dominated the market in the 50s and 60s. In 1977, Gibson sued Ibanez’s US distributor Elger Co.

Music 106

Music Designs Design Settlement 106

CopyrightsWorld

FEBRUARY 17, 2021

Copyright infringement of digital photos differs in important ways from infringement in the markets of music and movies. Get proof of ownership by registering your copyright. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership.

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

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. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership.

Copying 94

Copying False Advertising Social Media Advertising 94

Intellectual Property Office Blog

APRIL 30, 2021

IP assets can also include innovative technology, know how, designs and secret recipes. IPO’s free online IP for Business tools and training have been accessed more than 204,680 times , helping SMEs take their ideas to market. A search for registered rights ( patent, trade mark or registered design ) can help you with this process.

Business 67

Business IP Intellectual Property Designs 67

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

False Advertising 72

False Advertising Ownership Registration Designs 72

Intepat

JANUARY 24, 2024

*Written by Uttara Nair INTRODUCTION The administration and assignment of intellectual property rights, encompassing patents, copyrights, trademarks, designs, geographical indications, and proprietary knowledge, are critical for all business entities, particularly those in the technology sector.

Intellectual Property 52

Intellectual Property Licensing IP Ownership 52

LexBlog IP

MARCH 10, 2024

The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. Dominant Position: An Establishment with the capability to control and influence activities within a Relevant Market.

Law 52

Law Intellectual Property Marketing Marketing 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 82

Law Branding Brands Branding 82

LexBlog IP

AUGUST 14, 2023

CTA defines a beneficial owner as an individual who, directly or indirectly, either (1) exercises substantial control over a Reporting Company or (2) owns or controls at least 25% of the ownership interests of a Reporting Company. It is designed to capture anyone who can make important decisions on behalf of the entity.

Business 52

Business Ownership Reporting Registration 52

The IP Law Blog

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” It seems quite strange that the seller of an asset would maintain a right to simply revoke the buyer’s ownership.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

OCTOBER 8, 2021

The plaintiffs claim copyright ownership in wedding dress designs. Cloudflare appeared first on Technology & Marketing Law Blog. They also claim that knockoff retailers are infringing those rights. The district court grants summary judgment to Cloudflare.

Copyright 95

Copyright Ownership Copyright Infringement Blogging 95

LexBlog IP

AUGUST 16, 2023

Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark. This ownership comes with exclusive rights to use the mark in connection with specific goods or services. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

Branding 40

Branding Brands Branding Registration 40

TorrentFreak

APRIL 12, 2022

Company Claims Ownership of ‘Reloaded’ Trademark. Due to the “Omi in a Hellcat” persona, the market became so saturated with Reloaded products that the trademark is now associated with Carrasquillo, not NuStar. “To protect its rights in the RELOADED trademark NuStar obtained and owns U.S.

Branding 122

Branding Brands Branding Trademark 122

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? No] TTABlog Test: (No WYHAs Here!)

Service Mark 82

Service Mark Designs Design Ownership 82