Author: Eliane Ellbogen

About Eliane Ellbogen

Eliane Ellbogen is an intellectual property lawyer with a focus on information technology. She advises and represents clients in complex, high-profile patent, trademark, copyright and trade secret matters. She is frequently called upon to litigate IP cases. She also handles the IP component of transactions involving IT companies.

Trademark

Art, Technology & the Law : NFTs and Trademark Infringement – Real-World IP Rights in the Virtual Space?

Two hands circling the letters NFT.

This year, we are increasingly seeing how real world IP rights can be protected and enforced in the ever-expanding virtual world. Case law, especially in the United States, is developing how digital assets are bound by real-life intellectual property law. In particular, we have kept an eye on two cases of trademark infringement involving the sale of non-fungible tokens (NFTs): Hermès v Rothschild and Yuga Labs v Ryder Ripps.

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Analysis

Bill 96: Major Changes Affecting Trademarks on Packaging and Signage in Canada

Close-up on a blue Open sign in a window with written in it in English & French.

Most companies doing business in Canada prefer to use the same branding across all Provinces and Territories, particularly for consumer product labelling and signage of consumer-facing businesses. This means that Quebec’s language law often defines how brands are presented across Canada. With new legislation adopted on May 25, 2022 (Bill 96), the Charter of the French Language is now much less favourable to trademark owners.

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Analysis, Intellectual property

NFTs, Intellectual Property, and Art: An Overview in Three Parts (Part 3 of 3)

woman in front of digital tech

This article is part of a three-part series on NFTs:

In the first and second parts of our series on NFTs,[1] we discussed where NFTs derive their value and what this new breed of digital tokenization means for IP-rights creators, holders, and users. 

In this third and final instalment, we look at the history of NFTs from an artistic perspective and what their emergence means for the world of digital art.

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Analysis, Intellectual property

NFTs and Intellectual Property: An Overview in Three Parts (Part 2 of 3)

woman in front of digital tech

This article is part of a three-part series on NFTs:

In the first part of our series on NFTs,[1] we discussed what an NFT is and what “ownership” of an NFT provides.  You’ll recall that a non-fungible token is a unique blockchain-based “token” that consists of a chain of digital references to a specific intangible asset (e.g., digital files encoding music, art, video, icons, etc.). 

In this instalment, we consider what NFTs could mean for IP rights creators, owners, and users.

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