Have you heard of NFTs, or non-fungible tokens? In recent years, NFTs and their associated intellectual property rights are increasingly embroiled in legal battles. One such example is Nike v. StockX, a NFT trademark case filed in the U.S. District Court for the Southern District of New York. This case demonstrates that fashion brands like Nike are willing to battle in the courtroom for intellectual property rights in NFTs.
Popularity is inherently a good thing for brands. You want everyone to know the name of your product, right? What if too much popularity was a bad thing? As it turns out, too much popularity can kill your trademark rights, in a process called genericide.
Everyone knows her. Some dislike her. Ultimately, she’s one of the wealthiest women in the world. She has her hands in everything from entertainment, to clothing, to gaming. She is even currently studying to be a lawyer. Kim Kardashian seems like she may have it all, but her latest business venture may not be what she was hoping for.
During my junior year of undergrad, I was ecstatic when I received an offer to join the Legal Department of Fox Entertainment Group (now, 20th Century Studios) as a Content Protection Intern. The idea of working on a major studio lot was more than exciting to someone who had grown up an hour away from Hollywood. Continue reading “From the Studio Lot to Law School”
We’re all used to seeing the big Caterpillar industrial machines featuring the word CAT. The CAT mark has been easily recognizable at any construction site throughout America for decades. Because of the brand’s popularity, Caterpillar expanded its use of the CAT mark to include apparel, headwear, bags, and other accessories. Caterpillar sells its clothing through its website and prominent retailers such as Amazon, JCPenney, and Sears. Its products have been featured on national television programs, newspaper and magazine articles, online publications, and fashion and lifestyle publications. However, CAT may have some competition.