A nine-person jury in the Southern District of New York has found that "MetaBirkin" NFTs violate Hermès International SA's rights in its "Birkin" trademarks. This is the first trial to consider the intersection of NFTs and...more
2/13/2023
/ Artistic Works ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
First Amendment ,
Freedom of Expression ,
Intellectual Property Protection ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Royalties ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially...more
Tech Newsflash -
The Copyright Claims Board ("CCB") started accepting claims on June 16, 2022. The CCB has seen a great deal of activity, with dozens of claims filed in the first few weeks, mostly alleging online...more
White & Case Technology Newsflash -
Willful infringement is no longer required for trademark owners to recover infringers' profits. In Romag Fasteners v. Fossil Group, the Supreme Court resolved a longstanding circuit...more
5/10/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Disgorgement ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more
3/18/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Expert Fees ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Split of Authority ,
The Copyright Act