Artistic Work Marketing Non-Fungible Tokens 
Plagiarism Today
AUGUST 2, 2022
To be clear, this isn’t the first time blockchain and crypto promised that they would make artists’ lives easier or open up new opportunities, only to fail completely. NFTs (Non-Fungible Tokens), for example, were originally billed as a way for digital artists to create scarcity and enable them to charge more for “unique” works.
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. Multiple pieces of copyright material may exist in a single digital work. What are NFTs?
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The IPKat
MARCH 2, 2023
Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).
IP and Legal Filings
MAY 24, 2024
Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. However, it is unlikely that people with deep pockets who often find themselves in the waitlist for Hermès bags be fooled by virtual unaffiliated products in the NFT market.
IP and Legal Filings
JANUARY 31, 2023
Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. It will also lower marketing costs and strengthen brand identity as brand distinctiveness and identification will be essential in the virtual reality of Metaverse.
IIPRD
OCTOBER 17, 2022
As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This right is given to literary and artistic work like music, etc.
LexBlog IP
SEPTEMBER 15, 2022
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.
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