Larson & Larson

JULY 13, 2023

What is a Trademark? A trademark is a word, phrase, symbol or design that identifies the source of a particular product or service. Trademarks protect things like company names, logos, slogans and the unique “trade dress” of products. Patents expire after a set term; trademarks can be renewed indefinitely.

Trademark 40

Trademark Patent Invention Intellectual Property 40

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. Manuscripts, designs and art can all be classified as intellectual property. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

The TTABlog

JUNE 30, 2023

TTABlog Test: Is CLAIM WATCHER Confusable With CLAIM WATCH & Design for Certain Insurance Claim Services? [No] TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services? [No] [Yes] TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out? Guess What?

Ownership 57

Ownership Registration Designs Design 57

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 85

Law Branding Brands Branding 85

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. However, one’s own house deserves equal consideration in this case.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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. As noted in the Hermes lawsuit, trademark rules may apply depending on the circumstances.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

The IP Law Blog

FEBRUARY 17, 2022

In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . At the federal level, the Lanham Act represents the primary statute supporting trademark law. Industrial design or trade secrets. .

Intellectual Property 52

Intellectual Property Inventor Art Music 52

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. It certainly is not the way you “get” a trademark. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public.

Trademark 62

Trademark Registration Trademark Law Business 62

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Garrigues Blog

OCTOBER 26, 2022

District Court for the Southern District of New York for designing, minting and offering handbags inspired by Hermès’ famous Birkin handbag, under the name “MetaBirkins”. Indeed, we are witnessing an exponential increase in the number of trademark applications for these types of assets. The EUIPO’s guidelines as from 2023.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

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. Social Media and Trademark Law” Talk Notes.

Social Media 83

Social Media Contracts Ownership Business 83

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 100

Fair Use Cease and Desist Copyright Trademark 100

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection. The guiding norm in trademark law stipulates that a name or surname lacks eligibility for protection unless it carries distinctive characteristics.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

azrights

OCTOBER 18, 2021

And maybe rather than buying just a laptop, we bought a MacBook because we wanted that good design and simplicity that Apple offers. Although it isn’t necessary in the UK and USA to register a trademark in order to use a name, you’re in a very vulnerable position if you don’t register a trademark.

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration. The rejection was based on Section 1502(a) of the trademark law -- registration is denied to marks that falsely suggest a connection with a person or an institution (and includes a four-part test ).

Public Domain 52

Public Domain Graphic Design Art Trademark 52

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. ” Trademarks are more than words or logos. Ownership of trademark rights is not contingent on a registration. ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records.

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Licensing Copyright Contracts Advertising 92

LexBlog IP

MARCH 25, 2022

The inventor’s rights to the patent vary depending on ownership, further explained below. What it contains: type of patent document – the type of patent document can inform stakeholders of whether the patent is a design, utility, or plant patent. Rob’s Attorney Profile. Contact Rob.

Patent 52

Patent Inventor Invention Patent Application 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 83

Social Media Ownership Marketing Marketing 83

The IPKat

NOVEMBER 4, 2021

The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. We own all sounds captured on a sound recording.

Music 85

Music Copyright Copying Copyright Law 85

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? In Jack Daniel’s Properties, Inc.

Trademark 71

Trademark Blogging Litigation Law 71

IP and Legal Filings

FEBRUARY 7, 2023

The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.” The general public could view the collection’s three-dimensional designs by scanning a QR code.

Trademark 84

Trademark Non-Fungible Tokens Branding Brands 84

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JULY 21, 2021

” Aseri, Commercializing Religion Via Trademarking God, 23 J. Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

DECEMBER 6, 2021

IP Issues With NFT Trademarks. Trademark practitioners should anticipate IP issues involving NFTs to involve ownership, transfer, and assignments. For logos, you should hire a graphic designer or create a logo using software. Conduct a Trademark Search for the NFT. Please note that trademark filing companies (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

SpicyIP

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Recognition of non-human inventors, AI and its implications for India.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. This was erroneous.

Social Media 93

Social Media Ownership Contracts Privacy 93

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Potential additional justification for these doctrines: Non-source significance might be too stable to be easily moved by putative TM ownership: result: deadweight loss and no consumer protection function. In the fair use calculus?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

OCTOBER 4, 2021

But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94