Trademarks, Artists

The Pitch - May 2024

Arnall Golden Gregory LLP on 5/31/2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

The Pitch - April 2024

Arnall Golden Gregory LLP on 5/6/2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

The Pitch - March 2024

Arnall Golden Gregory LLP on 3/29/2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags

Weintraub Tobin on 2/23/2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The...more

(Podcast) The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags

Weintraub Tobin on 2/23/2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The...more

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on 2/8/2024

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

(Podcast) The Briefing: Jingle Brawl – The Battle for ‘Queen of Christmas’

Weintraub Tobin on 12/15/2023

Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same...more

The Briefing: Jingle Brawl – The Battle for ‘Queen of Christmas’

Weintraub Tobin on 12/15/2023

Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same...more

The Pitch - August 2023

Arnall Golden Gregory LLP on 9/6/2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

MarkIt to Market® - May 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/1/2023

Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more

In Brief: Intellectual Property Rights In The UAE

Awatif Mohammad Shoqi Advocates & Legal... on 5/1/2023

The term “intellectual property” signifies any creation of the human intellect. It comprises of ideas, inventions, designs and discoveries, that can be used to earn recognition and financial gains. The most common examples of...more

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

Holland & Knight LLP on 4/6/2023

Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

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

Stark & Stark on 2/23/2023

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

Journey’s Trademark Squabble - Who’s Crying Now?

Dorsey & Whitney LLP on 2/21/2023

When Journey was inducted into the Rock and Roll Hall of Fame in 2017, Steve Perry was ranked 76th on Rolling Stone’s “100 Greatest Singers of All Time.” Arguably, many Journey fans view the front man and his voice as the...more

Jury Finds That ‘MetaBirkin’ NFTs Infringed Hèrmes’ Trademark Rights

Skadden, Arps, Slate, Meagher & Flom LLP on 2/17/2023

At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs — digital images of blurry faux fur-covered handbags inspired by...more

Lizzo Grabs 100% of That Trademark

McGlinchey Stafford on 2/14/2023

An interesting and precedent-setting ruling came down from the U.S. Patent and Trademark Office (USPTO) Trial and Appeal Board on February 2, 2023 in favor of Lizzo and her class #25 trademark filing for the clothing brand...more

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on 2/10/2023

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

The Latest Chapter in Copyrightability of AI-Generated Works

Perkins Coie on 1/27/2023

From artificial intelligence (AI) tools that can generate highly sophisticated art, music, and conversation to technology capable of recreating Elvis on the big screen, a recent explosion and maturing of generative AI...more

The Pitch - January 2023

Arnall Golden Gregory LLP on 1/24/2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Sports & Entertainment Spotlight: Damar Hamlin Files for ‘Did We Win?’ Trademark

Foster Garvey PC on 1/13/2023

Welcome back to the Spotlight! We find ourselves at an interesting moment where, on the one hand, tech companies are laying off tens of thousands of workers apiece in the face of economic headwinds, Elon Musk claims from...more

Virtual goods and NFTs – IP protection of digital assets in gaming, social media and the metaverse

Hogan Lovells on 9/7/2022

Digital assets and NFTs being all the rage, the European Union Intellectual Property Office (EUIPO) is increasingly receiving trademark applications covering virtual goods and NFTs, the regulatory classification of which is...more

Sports & Entertainment Spotlight: Hailey Bieber’s Skincare Company 'Rhode' Is Being Haled Into Court to Answer Trademark...

Foster Garvey PC on 6/24/2022

Welcome back to the "Spotlight" – this being the very first and certainly not the last of Summer 2022. That’s right, folks. Although I expect my readership numbers to swoon to “spouse-and-blood-relative” levels, I will still...more

MarkIt to Market® - May 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/26/2022

Thank you for reading the May 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Spotify's exploration into NFTs, two new USPTO policies with practical implications for trademark applicants...more

Sports & Entertainment Spotlight: Speedo Drops Russian Olympian Swimmer Evgeny Rylov's Sponsorship for Supporting Vladimir Putin,...

Foster Garvey PC on 3/25/2022

Welcome back to the "Sports & Entertainment Spotlight." We’re just one week into March Madness, and already my predictions from last week are coming to fruition (if only I had the same luck picking winners of the games...more

Patent Poetry: Protecting Your IP When You're Anonymous: the Banksy Case

AEON Law on 3/14/2022

“Banksy” is the pseudonym for an England-based artist, political activist, and film director whose real name and identity are unconfirmed. He’s known for his artistic provocations, including a painting that started to...more

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