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Trademarks › Cybersquatting › Intellectual Property Protection

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

Lippes Mathias LLP on

If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

Latham & Watkins LLP on

In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

Dinsmore & Shohl LLP on

Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

Jaburg Wilk

Internet Eviction: Using the UDRP to Boot Cybersquatters

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Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more

Stark & Stark

The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress

Stark & Stark on

In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”)...more

Shutts & Bowen LLP

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

Shutts & Bowen LLP on

Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the...more

Polsinelli

Jury Sides with Hermès in Pivotal NFT Trademark Case

Polsinelli on

On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more

Nelson Mullins Riley & Scarborough LLP

NFTs Found to Infringe Hermès Trademark

Nelson Mullins Riley & Scarborough LLP on

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...more

Morrison & Foerster LLP

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

Mintz - Intellectual Property Viewpoints

When Can a Trademark Owner Take Action for Unauthorized Use of its Trademark Online?

Mintz - Intellectual Property Viewpoints on

Unauthorized use of a trademark on the Internet occurs often and in many forms, usually involving the profiting, whether intentionally or unintentionally, from the goodwill associated with a trademark belonging to someone...more

Smart & Biggar

Domain name solicitation fraud – brand owners beware

Smart & Biggar on

Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that...more

International Lawyers Network

IP Considerations For Businesses Operating Online – An Australian Perspective

International Lawyers Network on

Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers.  Operating a business online...more

Eversheds Sutherland (US) LLP

COVID-19 and trademark-driven scams

Eversheds Sutherland (US) LLP on

Strong brands are prime targets for trademark scams in times of crisis like the COVID-19 pandemic because of the trust and goodwill they have built with the consuming public. Brands in the medical products sphere should be on...more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019: Blockchain-Based Names: New Frontier for Brands (and Squatters)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Blockchain technology has garnered attention from various sectors over the past ten years, much of it due to the rise of Bitcoin and other cryptocurrencies. Cryptocurrencies have gained popularity and notoriety for their...more

Hogan Lovells

.CLUB launches brand protection service

Hogan Lovells on

.CLUB Domains, the Registry operating the .CLUB new generic Top Level Domain (gTLD), has recently launched a new service that enables qualified trade mark holders to block .CLUB domain name registrations containing their...more

Hogan Lovells

EURid and EUIPO ramp up the fight against cybersquatting

Hogan Lovells on

As part of a collaboration between EUIPO (the EU Intellectual Property Office) and EURid, a new service has been launched that allows EUTM (European trade mark) applicants and rights holders to opt-in to receive alerts as...more

Butler Snow LLP

Winning the Domain Name Game: A Clear Cut Process for Protecting Your Business or Brand from Cybersquatters

Butler Snow LLP on

So you want to register a domain name for your company’s registered trademark only to find out, it’s already been claimed by someone other than you. Even worse, someone has incorporated your trademark into his domain name and...more

McDermott Will & Emery

What Does It Take to Trademark Your Name? - Tartell, M.D. v. South Florida Sinus and Allergy Center, Inc., et al.

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Addressing the question of when a professional name can be protected as a trademark, the U.S. Court of Appeals for the Eleventh Circuit found that the plaintiff doctor’s name had not acquired that distinction. Tartell, M.D....more

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