The federal Lanham Act provides trademark owners various legal causes of action, including trademark infringement and dilution. While trademark infringement requires proof of consumer confusion, dilution protects famous marks from uses that weaken their distinctiveness or harm their reputation – even when there is no likelihood of confusion present as to the source of goods …
Category: nominative fair use
NFT I.P. Issues
Non-fungible tokens (NFTs) have revolutionized digital ownership and created entirely new categories of intellectual property disputes. As these blockchain-based assets continue to evolve, they present unique technical and legal challenges that traditional IP frameworks are still adapting to address. The recent Ninth Circuit decision in Yuga Labs, Inc. v. Ripps illustrates the I.P. issues, and …
Metadata and Web Scraping: I.P. Issues
In our increasingly digital world, data extraction and analysis have become fundamental to how businesses operate, researchers conduct studies, and AI systems learn. Two key concepts at the heart of this data revolution are metadata and web scraping technologies. While these tools offer tremendous value, they also raise significant questions about privacy and intellectual property …