JD Supra Law

FEBRUARY 13, 2023

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag.

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IP Law 360

JANUARY 5, 2023

As the non-fungible token market evolves rapidly, attorneys should be familiar with three types of legal instruments used to convey rights in NFT transactions, including agreements between the artist of the underlying artwork and the NFT creator, says Hannah Ji-Otto at Baker Donelson.

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Dear Rich IP Blog

MAY 12, 2022

Dear Rich: As the representative of a particular (living) artist, I was recently contacted by the organizer of an exhibition in which original art pieces owned by various collectors will be on display -- including my client's art. BTW, the same rules apply for non-fungible tokens (NFTs).

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Artwork Non-Fungible Tokens Art Copying 52

IPilogue

JUNE 13, 2022

Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art. However, since art is a cultural tool and an economic driver, those who create work should be protected by all invested stakeholders.

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Non-Fungible Tokens Art Due Diligence Social Media 124

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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The IPKat

JULY 14, 2022

A comment to the EUIPO Guidance on NFTs by Paolo Maria Gangi As The IPKat reported a few days ago here , the European Intellectual Property Office (EUIPO) has recently released some guidance notes on its approach to the classification of non-fungible tokens (NFTs). All this is at odds with the understanding of NFTs as property.

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IP Whiteboard

JUNE 7, 2021

NFT stands for non-fungible token. Non-fungible basically means unique. By way of comparison, a $10 note is an example of a fungible asset, because it can be replaced with another $10 note, or two $5 notes. NFTs have a variety of uses which extend far beyond digital artwork. We’re glad you asked.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

JD Supra Law

FEBRUARY 23, 2022

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique blockchain-based digital assets that are associated with images, artwork, videos, games, or other creative content.

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SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. In the US too, several companies are protecting their trademarks for similar goods and services. Application date. Description (shortened). Feb 25, 2022. TOMMY JEANS. March 4, 2022. Feb 22, 2022. Dec 21, 2021.

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The IPKat

MAY 3, 2022

We’ve had Decentraland’s ‘ Metaverse Fashion Week ’, where attendees could buy wearable NFTs (Non Fungible Tokens, non-interchangeable digital assets stored on a blockchain), PrettyLittleThing’s first virtual model (launched to a mixed reaction), and the entry of Shiba Inu coin ('SHIB' – an alternative to Dogecoin) into the Metaverse.

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Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Are NFTs (Non Fungible Tokens) Considered Intellectual Property? What is a Non Fungible Token?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. Let alone was it clear how to protect the IP rights in the artwork linked to it.

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Licensing Non-Fungible Tokens Artwork Contracts 95

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

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The IPKat

APRIL 19, 2023

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungible tokens (NFTs). The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

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Non-Fungible Tokens Artwork Contracts Art 120

IPilogue

JULY 8, 2022

Imagine you are a new artist, who sells your art for $500 dollars, which is enough to cover the cost of supplies and your time spent on the piece. This is because NFTs are a “one-time copy” of original art, and thus resale of the NFT does not activate ARR entitlements, which only apply to the original work.

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Traverse Legal Blog

APRIL 17, 2021

With that in mind, we now have something called non-fungible tokens or NFTs. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? The nonfungible token. They are selling the token, and you are buying the token.

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Due Diligence Licensing Non-Fungible Tokens Copyright 113

Traverse Legal Blog

MARCH 8, 2022

Today, we’re going to talk about non-fungible tokens (NFTs). art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. Copyrights protection for the artwork itself is also critical. My name is NFT lawyer Enrico Schaefer. The gallery name is a trademark.

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IP and Legal Filings

OCTOBER 18, 2022

NFTs, which stand for “ Non-Fungible Tokens ,” must first be understood in order to comprehend what “fungible” means. A commodity is said to be fungible in economics if it can be exchanged for another unit of the same commodity without losing any value. Conclusion.

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The IPKat

JUNE 27, 2021

Other Katfriend Sandra Torillas Rodríguez prepared a guest post on the non-fungible tokens’ (NFTs) implications for IP. After providing readers with some background on NFT, Sandra discusses how copyright law can be applied to an NFT artwork, using Banksy’s art as a case study.

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Non-Fungible Tokens Artwork Copyright Law Intellectual Property 52

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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Traverse Legal Blog

OCTOBER 6, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items (songs, pictures, videos, tweets and items in online games or virtual worlds) that cannot be replicated or copied. Almost anything can be turned into a non-fungible token. NFTS in the Metaverse.

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Erik K Pelton

DECEMBER 20, 2022

The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Hetronic International, Inc. which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

SEPTEMBER 8, 2021

Apart from this, Non-Fungible Tokens, the brainchild of Kevin McCoy and Anil Dash, is a unit of data stored in a digital ledger that certifies that the digital asset is unique and is hence non-interchangeable. NFTs may be represented in the form of memes, artworks, or videos.

Intellectual Property 87

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 87

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

Art 52

Art Marketing Marketing Due Diligence 52

The IPKat

MARCH 2, 2023

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). the artwork) is, in fact, negligible while the value of the NFT is its value as a symbol of luxury and as a form of investment. Coming back to the Hermès v.

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Artwork Non-Fungible Tokens Artistic Work Brands 95

The IPKat

JUNE 13, 2022

There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. Recently, I spoke in the PRS London Members' Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade).

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IP and Legal Filings

MAY 24, 2024

The advent of state-of-the-art technology has especially brought this tussle to the fore, exacerbating the conflict between the two competing rights. Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. 2] Melanie J.

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), The only thing that an NFT can certify is that a specific non-fungible token, containing a specific digital file linked to it, has been created with a unique transaction (having its own timestamp) by an identified blockchain address (i.e.

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Non-Fungible Tokens Contracts Copying Art 135

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Similar trends from conceptual art to domain names can provide insight into whether this trend is here to stay.

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Non-Fungible Tokens Intellectual Property Trademark Brands 40

LexBlog IP

JULY 13, 2021

Who has not heard of the $69 million price tag on Everydays – the First 5000 Days and other outlandish prices for digital art. This article will try to explain just what an NFT is and, because of their relationship to the creative arts, some of the intellectual property issues surrounding them. The Mona Lisa is non-fungible.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. million) knew that the NFT may or may not reference any art at all.

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Ownership Art Artwork Non-Fungible Tokens 52

Corsearch

NOVEMBER 15, 2022

NFTs have steadily grown in popularity over the last couple of years, challenging our perception of art, fashion, reality, possession, and intellectual property rights. Those celebrities are members of a famous NFT project, ‘BORED APE YACHT CLUB’, which symbolizes a financial success and consumer demand for digital art.

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IP and Legal Filings

OCTOBER 28, 2022

Non-fungible tokens (“NFTs”) continue to be popular. A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Introduction.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IIPRD

FEBRUARY 25, 2022

But in this sphere of metaverse and blockchain currencies, the Ethereum blockchain has gained skyrocketing popularity with the evolution of Non-Fungible Tokens. Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. defendant), who controls the marketplace of NFT Bigverse, a digital art trading platform.

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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. defendant), who controls the marketplace of NFT Bigverse, a digital art trading platform.

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Copyright Infringement Copyright Non-Fungible Tokens Artwork 52