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Whether you are looking to make your own nonfungibletoken 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 (NonFungibleTokens) Considered IntellectualProperty?
Secondly, it refused to recognize those nonfungibletokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. Whether such sale rights of NFTs are guaranteed under artistic freedom or bound by the limits of intellectualpropertylaws remain unanswered, perpetuating the conflict.
In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artisticwork as opposed to a source-identifying trademark. Although the order does not resolve any of Hermes’ claims on the merits, it does offer a first glimpse at how courts may treat trademark claims involving NFTs moving forward.
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