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Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artisticwork for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

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First preliminary injunction issued by a court in Turkey regarding NFTs

The IPKat

Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation.

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Can We Reexamine the Role of Blockchain in Copyright Now?

Plagiarism Today

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.

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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. Multiple pieces of copyright material may exist in a single digital work. What are NFTs?

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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

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).

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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.