Intellectual Property Blog

Yearly Archives from 2022

The MetaBirkin Might Be Meta-Trademark Infringement Against Hermès

The couture bagmaker Hermès has sued self-proclaimed artist and entrepreneur Mason Rothschild for trademark infringement, dilution, and confusion. Rothschild has been selling NFT versions of the Birkin, Hermès’s signature bag, in the Metaverse – a territory that we can loosely describe as the internet parallel to real-life society. He calls these bags “MetaBirkins.” The Rothschild MetaBirkin is an image of a bag in the same shape and style as a Birkin but covered in colorful […]

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Top Gun: Maverick Might Get Grounded By U.S. Copyright Act

The Paramount movie Top Gun: Maverick made about $126 million in its opening weekend. You may remember its 1986 predecessor of a similar name, minus the “Maverick.” Rather than celebrate its success, however, Paramount may be dealing with copyright entanglement. The heirs of the work on which Top Gun was based are claiming copyright infringement, based on plain tenets of the U.S. Copyright Act. “Top Guns”: Yonay’s Article In 1983, freelance journalist Ehud Yonay wrote […]

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Misuse of DMCA Takedown Notices: Censorship Over Copyright Protection

Congress established the 1998 Digital Millennium Copyright Act (DMCA) in order to help regulate the usage of copyrighted material on the internet. It was meant to increase protection for both copyright holders and create a safe harbor for internet service providers – who would be frozen with lawsuits if held responsible each time a user posted infringing content without the website’s knowledge. Today, we are facing a different problem stemming from misuse of the DMCA. […]

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Trademark Dilution: A Not-So-Sweet Lawsuit Over Nerds and Trolli THC-Infused Counterfeits

Have you ever snacked on Ferrara Candy Company’s wares? Chances are high that you have – and if not, you have probably seen their bright, colorful packaging and candies in many a gas station and corner store. To be fair, Ferrara Candy Co. is  a distributor, not a candy factory run by a dreamy, mysterious owner like Willy Wonka. You may better recognize some of the brands under Ferrara’s umbrella: Nerds, the rainbow, sour, pebble-like […]

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The Difference Between Soup Cans and Photos: Fair Use Copyright and the Andy Warhol Foundation

If you use a piece of another artist’s work in your own artwork, can you confidently proceed, knowing that the “fair use” defense under copyright law will save you from a lawsuit? In the current state of American IP law: No. Fair use came about as a way to respect a clause in the U.S. Constitution regarding the establishment of intellectual property laws “[to] promote the Progress of Science and the Useful Arts …” That […]

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Five Key Points you should know about the Long Awaited Premium Processing Options

After decades of asking, USCIS finally expanded its premium processing service to include additional immigration petitions and application types. Here are the key points that you need to know: 1 – The initial expansion will apply to these categories: Forms I-140, Immigrant Petition for Alien Workers, EB-1 multinational managers and executives and EB-2 national interest waiver category will be allowed to upgrade the case to premium processing. 2 – Opportunities are currently limited to petitions […]

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