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Intellectual Property Protection › Nominative Fair Use Doctrine › Trademark Infringement

Loeb & Loeb LLP

Take-Two Interactive Software, Inc. v. PlayerAuctions, Inc.

Loeb & Loeb LLP on

District court grants in part and denies in part defendants’ motion to dismiss Take-Two Interactive Software Inc.’s claims related to defendants’ operation of online marketplace for users to sell enhanced player accounts for...more

ArentFox Schiff

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the...

ArentFox Schiff on

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Proskauer - Blockchain and the Law on

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Snell & Wilmer

Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

Snell & Wilmer on

The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark...more

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