IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. Trademark: NFTs may also be protected as a trademark.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

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 80

Social Media Ownership Marketing Marketing 80

The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information.

Designs 67

Designs Design Copyright Infringement Copyright 67

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

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

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. NFTs allow brands the ability to directly connect with consumers using new technology.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? Technology really has the potential to make things needlessly complicated. For most trademark applications, issues rarely arise over the choice of goods or services for which the mark has been applied.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Larson & Larson

JULY 13, 2023

For example, Coca-Cola’s name and bottle design are protected trademarks. Trademark law prevents other soda companies from using similar names or bottle designs that could confuse consumers. Unlike patents, trademarks don’t expire after a set term of years and they don’t have to be novel or non-obvious.

Trademark 40

Trademark Patent Invention Intellectual Property 40

Technology & Marketing Law Blog

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. 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. MGA Entertainment The post Surprise!

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. 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

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. However, in order to file a lawsuit of infringement, copyright registration is required.

Law 84

Law Branding Brands Branding 84

IP and Legal Filings

SEPTEMBER 8, 2021

The sole technology behind cryptocurrencies is called blockchain technology. In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Garrigues Blog

OCTOBER 26, 2022

They are basically certificates that uniquely identify a specific digital asset by means of cryptography and blockchain technology, made even more relevant following the popularity of the Ethereum network and the ERC-721 and ERC-1155 standards. But what are NFTs? The EUIPO’s guidelines as from 2023. We will be watching carefully.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

IP and Legal Filings

FEBRUARY 7, 2023

Introduction The “ Metaverse ” has turned out as one of the most fiercely debated technological developments in the post-covid age. are concentrating on creating new features and technologies to allow people to communicate with each other successfully and efficiently online.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

43(B)log

APRIL 29, 2022

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. But the alleged statements, e.g, “[t]his revolutionary technology was clinically researched, physician formulated and tested by A. Hawrych MD, A Board Certified Facial Plastic Surgeon” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

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 80

Social Media Contracts Ownership Business 80

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

IP and Legal Filings

DECEMBER 23, 2023

After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law. It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

Corsearch

NOVEMBER 15, 2022

In simpler terms, the metaverse doesn’t refer to any one platform or a specific place but is rather used to describe a broad application of emerging technologies. These technologies represent an evolvement of what the internet is today and are rooted in blockchain, VR (virtual reality), and AR (augmented reality). Roblox, Opensea, etc.)

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible?

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

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

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

LexBlog IP

MARCH 25, 2022

The inventor’s rights to the patent vary depending on ownership, further explained below. These include product developers and engineers, who may need to understand the technology of the patent. Patent examiners can use it to understand the technology of the invention, and to determine if the invention is novel and non-obvious.

Patent 52

Patent Inventor Invention Patent Application 52

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

IP and Legal Filings

JULY 5, 2023

In order to be registered, a trademark must be unique. Trademark law prohibits the registration of a mark that indicates the nature of the goods. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35.

Trademark 59

Trademark Registration Branding Brands 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

For example, in the “before” image above, the court doesn’t explain the source of the screenshot, what technological conditions it reflects, and how often those conditions will hold in the field. Google appeared first on Technology & Marketing Law Blog. physical property), not intangibles.

Licensing 89

Licensing Copyright Contracts Advertising 89

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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 70

Trademark Blogging Litigation Law 70

LexBlog IP

MARCH 9, 2023

For creators and sellers of NFTs: The crux of trademark law is to protect consumers from confusion about the source and affiliations of products and services so they can make informed decisions. Ownership of trademark rights is not contingent on a registration. ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

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

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. DXC Technology [Madras High Court]. Novex Communications Pvt Ltd v.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

OCTOBER 4, 2021

Another thing that is likely to ramp up the potential conflict between trademark law and Article III injury is the continuing fallout from the recent Romag case, in which the Supreme Court found that willfulness was not required to award disgorgement to successful trademark plaintiffs.

IP 94

IP Trademark Advertising Advertising 94