Since the explosion of the Metaverse and NFTs, and despite their fizzling, it has been a hotly debated question whether NFTs or other digital objects that bear the trademarks and trade dress linked to real-world objects are infringing. Can anyone make a Porsche sportscar for the Metaverse? » Read More

Business scams such as false invoices, unordered products, and advance-fee fraud are an ongoing problem for companies of almost every size. And now trademark scams, which are particularly dangerous, are on the rise.  

The first danger is posed by “trademark agencies” that offer supposedly low-cost trademark services, sometimes as part of branding services. » Read More

The laws defining the right of publicity – the right to prevent others from using your name and likeness without permission – are a state-by-state patchwork. For example, while New York has a strong right of publicity statute (Sections 50 and 51 of its state Civil Rights Law), New Jersey recognizes only a common-law right, recognizing a person’s right in their name and likeness as a property right. » Read More

Your first use — or even visit — to an online service, whether at a website or in an app, will usually present you with a detailed user agreement. Often privacy notices, data notices, codes of conduct, and terms of use that will control your relationship with the service provider appear as well. » Read More

A key aspect of trademarks has been at the forefront of both fiction and real-life sports news over the past few weeks: what makes a name a name and who can use a name as a trademark? While trademarks are commercial rights, trademark law also protects a person’s right to control their own identity, including well-known pseudonyms and nicknames. » Read More

For almost 30 years, Mariah Carey’s “All I Want for Christmas is You” has been a reliable, though often derided, part of the holiday season, playing frequently on television and radio, and in stores and restaurants. Last year, her company, Lotion, LLC, filed applications to register CHRISTMAS PRINCESS, QUEEN OF CHRISTMAS, and QOC (the initials of “Queen of Christmas”) in connection with not only sound recordings and entertainment services, but also fragrances, jewelry, apparel, glassware, and food products. » Read More

Is all press good press? Not for Brooklyn-based skincare company Beauty Concepts using its SKNN+ mark. None other than Kim Kardashian is the subject of another contentious conversation. With the recent launch of her skincare brand SKKN By Kim, came criticism accusing Kardashian of stealing ‘SKKN’ name from black-owned beauty brands. » Read More

What do Coca-Cola’s secret formula, McDonalds’ special sauce, and Google’s search algorithm have in common? Each is a protected trade secret. In other words, they are proprietary information vital to these companies’ survival and are among their most valuable corporate secrets. » Read More

The recent collapse in NFT sales may have cooled general interest in the digital assets, but the legal questions they raise remain very much alive and relevant to rightsowners and creatives alike.  We reported previously about Hermés’ complaint against the creator of MetaBirkin NFTs, and the Court’s decision this week denying the creator’s motion to dismiss that complaint goes to the ever-relevant question of boundary between art and commerce. » Read More

Brooklyn art collective MSCHF is up to their usual mischief.  After the furor over their Satan Shoes and the resulting suit and settlement with Nike, MSCHF launched a separate sneaker website, app, and line of “drops” separate from their other projects like the “Cease & Desist Grand Prix” from earlier this year. Their » Read More