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Trademark Infringement Trademarks Artists

Seyfarth Shaw LLP

Beats Me – Intellectual Property Protection for Drum Parts

Seyfarth Shaw LLP on

I was driving to work with the music on shuffle. The next song came on and from the drums alone, I knew what it was — First Date by Blink-182. As a drummer and pop-punk aficionado, the snare drum and crash cymbal on all...more

Arnall Golden Gregory LLP

The Pitch - April 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

Weintraub Tobin

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

Weintraub Tobin on

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

Weintraub Tobin

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

Weintraub Tobin on

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Stark & Stark

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

Stark & Stark on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Morrison & Foerster LLP

Hermès Successfully Defends its Trademark in the Metaverse

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

Foster Garvey PC

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

Foster Garvey PC on

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

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #3

Foster Garvey PC on

“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

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