Digital Fashion and Brand Protection: Leveraging Copyright, Trademark, and Trade Dress; NFTs; Ownership Challenges
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide IP counsel on protecting fashion intellectual property in the metaverse. The panel will discuss the various forms of IP that can protect fashion in the digital world of virtual reality and gaming and with respect to non-fungible tokens (NFTs) and the challenges of enforcement. The panel will review past case law decisions and pending cases and developments which will establish new precedent for future protection and enforcement of fashion intellectual property in the metaverse. The panel will also discuss the risks of failing to protect the brands and offer best practices for protecting brands in digital fashion.
- Protecting digital fashion with IP laws
- Copyright: What can you protect?
- Trademark and trade dress in the metaverse
- Domain names in the metaverse
- Design patents
- What does Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith portent for copyrights in the metaverse?
- What can a fashion brand learn from Hermès Int’l. v. Maison Rothschild and Nike v StockX?
- Best practices
The panel will review these and other important issues:
- How should counsel leverage IP laws to protect important intellectual property in the digital world?
- What are the hurdles to protecting brands in the digital world and what strategies can be employed to enhance protection?
- What best practices should counsel employ to enforce IP rights in the metaverse?
Brian W. Brokate
Gibney Anthony & Flaherty
Mr. Brokate is head of the firm’s Intellectual Property Group. He has extensive experience assisting companies in... | Read More
Mr. Brokate is head of the firm’s Intellectual Property Group. He has extensive experience assisting companies in investigation and enforcement procedures to combat trademark and copyright infringement. With a niche focus on anti-counterfeiting and anti-piracy, he handles all stages of civil anti-counterfeiting and infringement litigation as well as state and federal criminal actions. Mr. Brokate helps companies to secure and protect their IP in the U.S. and abroad, and has worked with clients in industries including luxury goods, fashion, toys, cosmetics, software, sports and entertainment. Recognized as an industry leader, Mr. Brokate is frequently quoted on trends in IP law. He has authored numerous articles and publications and speaks before industry and trade associations on issues including anti-counterfeiting, enforcement and trade dress.Close
James G. Gatto
Blockchain & Fintech Team Leader
Mr. Gatto is Co-Leader of the firm's Digital Media Industry and Social Media and Games Industry Teams, and Leader... | Read More
Mr. Gatto is Co-Leader of the firm's Digital Media Industry and Social Media and Games Industry Teams, and Leader of the firm's Open Source Team. His practice focuses on all aspects of intellectual property, internet and technology law, including patent, trademark, copyright, trade secret and open source. Mr. Gatto advises clients of all sizes on key legal and business issues relating to the use of social media, video games, virtual goods and currency, social networks, virtual worlds, mirror worlds, augmented reality, open source user-generated content, location-based services and gamification.Close
Carolyn W. Martin
Lutzker & Lutzker
In addition to her decades of experience as a practicing lawyer, Ms. Martin has been a law professor, founder of an... | Read More
In addition to her decades of experience as a practicing lawyer, Ms. Martin has been a law professor, founder of an intellectual property consulting firm and corporate executive focusing on intellectual property, communications, contracts, mergers and acquisitions and venture capital. She has proven results in working with corporate and nonprofit clients to develop strategies, business ventures and market-driven product introductions. Ms. Martin has a special interest in copyright, privacy and artificial intelligence. For approximately 30 years Ms. Martin has been an Adjunct Professor of Intellectual Property, Media and Internet Law and Intellectual Property Management and Strategic Planning. She has taught at American University’s Washington College of Law, Howard University School of Law, George Mason School of Law and University of Maryland University College.Close
Theodore C. Max
Mr. Max is a member of the firm’s Entertainment, Technology and Advertising, and Intellectual... | Read More
Mr. Max is a member of the firm’s Entertainment, Technology and Advertising, and Intellectual Property Practice Groups, focusing on counseling clients on IP issues and litigation. He is Co-Leader of the firm's Fashion and Apparel Team. Mr. Max has counseled clients on and litigated numerous cases involving issues on the cutting edge of copyright and trademark law. He has assisted clients in identifying, protecting and preserving their intellectual property assets, including seeking registration of rights in the U.S. and internationally and taking action against infringements of copyrights, trademarks and trade dress. He also has experience developing and implementing anti-counterfeiting programs and pursuing civil and criminal enforcement remedies.Close