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“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

IP Whiteboard

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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Copyright Laws & Trademark Infringement for NFTs

Traverse Legal Blog

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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[Guest post] The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs

The IPKat

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). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. The nine-person jury made two important observations. Firstly, it unanimously found the creator of MetaBirkin NFTs guilty of trademark violation on all three counts.

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IP and NFTs: Where are We?

LexBlog IP

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Judge Rakoff did observe that use of NFTs in connection with the underlying work should not automatically strip the work of artistic significance.

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NFTs and Copyright: Some Burning Issues

Kluwer Copyright Blog

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. Image by Riki32 via Pixabay. The communication to the public right.

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