On February 8, 2023, a Manhattan federal jury found an NFT artist liable for having infringed upon Hermès' popular Birkin brand, awarding Hermès $133,000 in total damages. This was one of the first trials involving trademark rights in the digital space of NFTs.
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Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights Posted on: February 10, 2023 In: Intellectual Property & Technology
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NFT-Related IP Litigation On The Rise Posted on: June 07, 2022 In: Intellectual Property & Technology
Not since the Y2K days has there been more buzz over a subject, i.e., NFTs and the Metaverse. Only time will tell if this trend is an exaggeration, or if we are on a “Don’t Stop Believin’” euphoric Journey that is here to stay.
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Trademark Update: New USPTO Rules Include Widely Criticized Applicant Email Requirements Posted on: February 14, 2020 In: Intellectual Property & Technology
Effective February 15, 2020, the United States Patent and Trademark Office (USPTO) will adhere to new trademark examination guidelines. The most significant for most trademark practitioners are the new email and specimen requirements.
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Design Patents 101 - Part 1 of 2 Posted on: December 11, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on design patents and is based on a presentation delivered at the AIPLA Design Rights Boot Camp in August 2019). Part I will cover the basics of design patents and compare them to other IP protections, such as trademark and copyright.
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Supreme Court Issues Major Ruling on the Ongoing Viability of Trademark Licenses by Bankrupt Entities Posted on: May 20, 2019 In: Intellectual Property & Technology
At issue in Mission Product Holding v. Tempnology, LLC, was whether a licensee whose license agreement was "rejected" by the bankrupt debtor licensor was permitted to continue using the trademark that was the subject of the license. The debtor/licensor wanted the licensee to cease ongoing usage of the mark and cited to the bankruptcy law's tool of rejection as the basis for doing so. However, the U.S. Supreme Court rejected the proposition that the licensee had to cease usage.
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