In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public.
Continue Reading The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an art collector’s attempt to turn a painting that was purchased into a series of NFTs, and the artist’s estate’s effort to stop it.
Continue Reading The Briefing by the IP Law Blog: More NFT Confusion – Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT
In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission. In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” The collection consists entirely of allegedly unauthorized images of Nike sneakers. According to Nike, that’s because StockX is using Nike’s reputation and popularity to increase its sales. Specifically, Nike alleges that “Recognizing firsthand the immense value of Nike’s brands, StockX has chosen to compete in the NFT market not by taking the time to develop its own intellectual property rights, but rather by blatantly freeriding, almost exclusively, on the back of Nike’s famous trademarks and associated goodwill.”
Continue Reading Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the legal dispute between fast-food chain Jack in the Box and cryptocurrency exchange FTX.
Continue Reading The Briefing by the IP Law Blog: Jack’s Lawsuit Against FTX is Back in the Box
Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. The answer is: It depends.
What Can Be Protected?
The first thing to consider is what it is that needs to be protected. A trade secret protects a business’s confidential and proprietary information. The information can be a formula, process, or customer list.
A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula).
Continue Reading Trade Secret or Patent?
