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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UPDATE: “Doncic v. His Mother” Trademark Dispute Continues Posted on: October 14, 2022 In: Sports Law
Mirjam Poterbin, the mother of NBA Superstar Luka Doncic, has filed a motion to dismiss her son’s petition to cancel the trademark that she currently controls. Poterbin’s memorandum submitted in support of her motion argues that Doncic’s submission lacks a “valid ground” for contesting the registration.
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Luka Doncic v. His Mom: One Athlete’s Legal Challenge to Reclaim His Name and the Case’s Potential Impact in the New NIL Era Posted on: October 13, 2022 In: Sports Law
As the world of professional sports continues its international growth pattern, athletes have recognized the worldwide value of their personal name, image, and likeness (NIL), and the importance of protecting their marketability with the filing of individual trademarks. Recently, NBA superstar Luka Doncic initiated a legal action against his mother, Mirjam Poterbin to reclaim trademark rights to his own name that she currently owns and controls.
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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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Introducing The Official Review - Lewis Brisbois’ Sports Law Blog Posted on: May 09, 2022 In: Sports Law
Welcome to The Official Review! As the sports law arena continues to develop and grow more complex, Lewis Brisbois’ Entertainment, Media & Sports Practice has established this blog as an additional resource for our clients and other interested parties.
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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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