The Ninth Circuit has affirmed a district court’s grant of summary judgment for the defendant in a case in which the plaintiff law firm claimed the defendant firm’s purchase of a keyword search term violated the Lanham Act....more
11/18/2024
/ Advertising ,
Business Strategies ,
False Designation of Origin ,
Google ,
Keyword Search ,
Lanham Act ,
Likelihood of Confusion ,
Marketing ,
Summary Judgment ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment
In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user....more
The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP).
The Report was created in response to a June...more
3/25/2024
/ Blockchain ,
Copyright ,
Copyright Office ,
Copyright Ownership ,
Design Patent ,
Enforcement ,
Fraud ,
Intellectual Property Protection ,
Licensing Rules ,
Non-Fungible Tokens (NFTs) ,
Patents ,
Popular ,
Recordkeeping Requirements ,
Shareholders ,
Trademark Infringement ,
USPTO
Seattle Metropolitans Hockey LLC has filed suit against Seattle Hockey Partners LLC alleging causes of action related to trademark infringement involving the Seattle Metropolitans “S” logo, shown above....more
A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art.
Plaintiff Yuga Labs, Inc. is the creator of one...more
11/14/2023
/ Cause of Action Accrual ,
Copyright Infringement ,
Damages ,
Fair Use ,
False Advertising ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Social Media ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The US Court of Appeals for the Ninth Circuit has found that specific knowledge is required for liability in a case of contributory trademark infringement.
The case is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc.,...more
The US Supreme Court has ruled that the First Amendment doesn’t protect a chew toy for dogs designed to look like a bottle of Jack Daniel’s whiskey (shown above)....more
6/20/2023
/ Cease and Desist ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more
4/10/2023
/ Arbitration ,
Arbitrators ,
Breach of Contract ,
Cease and Desist Orders ,
Consumer Protection Laws ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
DMCA ,
Final Written Decisions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensing Rights ,
Reverse Engineering ,
Software Licenses ,
Software Patents ,
Tortious Interference ,
Trademark Infringement ,
Unjust Enrichment ,
Video Games
The luxury fashion brand Hermès has won a lawsuit against artist Mason Rothschild, who produced non-fungible tokens (NFTs) he called “MetaBirkins.”...more
Rapper 6ix9ine has lost the right to trademark his own stage name. A South Carolina recording artist named Warren Hamilton claims he has been using the rap alias “SIX9” while performing since 2007.
He says that 6ix9ine...more
A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and...more
6/21/2022
/ Artistic Works ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Lanham Act ,
Non-Fungible Tokens (NFTs) ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks.
As The Verge reported...more
6/20/2022
/ Digital Assets ,
E-Commerce ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Investment Opportunities ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks