Region: North America

Does the first-sale doctrine apply to NFTs?

NFT transactions are recorded on the blockchain, therefore, one could argue that they act more like physical, tangible works of art, as opposed to copyrighted material. This raises the question of whether the first-sale doctrine applies to NFTs, an issue that US courts should be prepared to resolve.

01 September 2022

USPTO® – US federal IP agency secures registered trademarks in effort to tackle fraud

USPTO director Kathi Vidal tells WTR that obtaining registered trademark protection is “another important step in our comprehensive effort to curtail trademark fraud”.

31 August 2022

UN telecoms agency election will have significant implications for brands as Russian and US candidates go head to head

“There are potential significant global implications of the election for IP issues writ large,” a former senior US government official tells WTR.

31 August 2022

Chinese entity accused of using deceased attorney's details as USPTO escalates fraud crackdown

The USPTO has issued a scathing show cause notice to four entities from China, alleging that they used the name of a deceased US lawyer on thousands of trademark applications.

30 August 2022

Myths of trademark tarnishment: groundbreaking study suggests legislation rethink required

Academic behind new study says that if the results are repeated in future, US policymakers should “consider repealing or narrowing protection against tarnishment”.

29 August 2022

Holdover trademark licensee status can’t do heavy lifting on “exceptionality”

In this dispute over the sale of weightlifting equipment beyond the expiration of a licensing agreement between the parties, the court considered the different standards required to prove a violation and damages.

26 August 2022

Lowering the bar for genercide from “clear evidence” to “reasonable basis”

In light of a lower bar to genericness of brand names, we can expect an increase in genericide refusals and affirmed TTAB proceedings, and, potentially, an uptick in litigation disputes.

25 August 2022

“I know there's pent-up demand”: Brands Registry Group president looks to the future of ‘.brands’

BRG president reflects on the current use of ‘brands’ and how – and which – companies are preparing for the next round.

24 August 2022

Disney prevails in Evel Knievel case; USPTO seeks volunteers; Miniso apologises for Japanese branding – news digest

In our latest round-up, we look at Indian law enforcement being notified of counterfeiters in Srinagar, how 85% of Chinese consumers pay attention to genuine trademarks, and much more.

23 August 2022

CIPO fee increase only welcome if services improve, users say

The Canadian IP Office’s proposal to increase service fees by 25% has received mixed reviews among users desperate for quicker services but worried about deterring foreign clients.

22 August 2022

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