article thumbnail

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?

article thumbnail

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’. Whether such sale rights of NFTs are guaranteed under artistic freedom or bound by the limits of intellectual property laws remain unanswered, perpetuating the conflict.

article thumbnail

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. 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.

IP 52