The IPKat

JULY 12, 2022

As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse. The items “ virtual goods ” and “ non-fungible tokens ” are both unacceptable on their own.

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Non-Fungible Tokens Branding Brands Branding 144

JD Supra Law

SEPTEMBER 17, 2021

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Luxury brands, like LVMH, are collaborating to develop the world’s first. By: Smart & Biggar

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Non-Fungible Tokens Art Artwork Copyright 138

JD Supra Law

SEPTEMBER 27, 2022

Mason Rothschild that examines traditional trademark concepts in connection with non-fungible tokens, or “NFTs.”. District Court for the Southern District of New York issued a decision in Hermès International, et al. By: Stinson LLP

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JD Supra Law

JULY 21, 2022

For example, we can imagine scenarios where consumers seek insurance policies to protect some of the key aspects of these virtual worlds such as personal data, digital assets and digital property — such as Non-Fungible Tokens (NFTs). By: Faegre Drinker Biddle & Reath LLP

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JD Supra Law

JULY 12, 2022

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common. By: Quarles & Brady LLP

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Olartemoure Blog

SEPTEMBER 27, 2022

Fashion is not the exception , and different brands have become involved in the meta world. The virtual universe Decentraland hosted in March 2022, the first Metaverse Fashion Week which was a success, as it featured more than 70 brands, artists and designers. All industries are starting to grasp this and are getting involved in it.

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Branding Brands Branding Non-Fungible Tokens 98

Erik K Pelton

DECEMBER 31, 2021

The biggest individual brand story of the year was Facebook’s announcement of its new META brand. Trademark filings related to non-fungible tokens (NFTs) exploded in 2021. For more, read the article Olivia Muller and I recently wrote for the American Bar Association: The Growing Threat of Trademark Scams.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IP Watchdog

JUNE 30, 2022

The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse. There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech.

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IP Watchdog

FEBRUARY 9, 2023

Luxury fashion brand Hermès won their trademark lawsuit against Mason Rothschild, the creator of the non-fungible tokens (NFT) MetaBirkins, on Wednesday. A nine-member New York jury ordered Rothschild to pay Hermès $110,000 for infringing on the luxury brand’s trademark, and $23,000 for cybersquatting.

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Non-Fungible Tokens Trademark Intellectual Property Law Intellectual Property 98

IP Law 360

FEBRUARY 8, 2023

Luxury brand Hermes' win Wednesday against an artist's "MetaBirkins" non-fungible tokens won't end the debate over intellectual property rights and NFTs, but it may serve as a cautionary tale for how artists name and promote their NFT projects, attorneys told Law360.

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Non-Fungible Tokens Intellectual Property Branding Brands 98

JD Supra Law

FEBRUARY 15, 2023

Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should have all brand owners considering whether to secure new trademark registrations. By: Bodman

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JD Supra Law

JUNE 30, 2022

In order to legally own your non-fungible token (NFT) brand, you can and should consider federally registering the trademark on it. NFTs are inherently valuable given that they represent unique, irreplaceable digital assets. By: Cozen O'Connor

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Non-Fungible Tokens Trademark Branding Brands 96

JD Supra Law

JULY 25, 2022

Can it be applied effectively in a world coming to grips with non-fungible tokens? A lawsuit involving the luxury brand Hermès gives us a glimpse into a skirmish that is very much of the moment. The Lanham Act is seventy-six years old. By: Sunstein LLP

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Non-Fungible Tokens Trademark Branding Brands 97

Plagiarism Today

MARCH 9, 2022

As such, the new LimeWiere will not be a file sharing network, but a marketplace for Non-Fungible Tokens (NFTs), initially focusing on music. In their statement, Julian Zehetmayer said, “We’ve obviously got this great mainstream brand that everybody’s nostalgic about.

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Cease and Desist Non-Fungible Tokens Music Plagiarism 229

JD Supra Law

MARCH 15, 2022

Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, allowing student-athletes to receive compensation on their own personal brand. The popularity of NFTs will inevitably result in athletic departments being required to.

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Non-Fungible Tokens Branding Brands Branding 102

JD Supra Law

FEBRUARY 13, 2023

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag.

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JD Supra Law

MARCH 14, 2022

The metaverse and non-fungible tokens (NFTs) are common buzzwords as of late. Many brands such as Nike®, Victoria Secret®, TaylorMade®, and others are rushing to stake their claims on “goods” in the metaverse, as well as NFTs.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens Branding Brands 97

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . You bought a Bored Ape NFT.

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

SpicyIP

MAY 18, 2022

Class 9: Virtual two wheelers; virtual motorcycles; virtual scooters; virtual three wheelers; virtual electric vehicles; virtual gaming studio, virtual gaming parlour, downloadable multimedia files containing artwork, text, audio and video files and non-fungible tokens. Application date. Description (shortened). Feb 25, 2022.

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Non-Fungible Tokens Trademark Artwork Art 122

IP Law 360

JANUARY 30, 2023

An expert on Andy Warhol's art will not be permitted to testify at trial on behalf of a Los Angeles designer whose "Metabirkins" non-fungible tokens are alleged by luxury brand Hermes International to infringe trademarks protecting its pricey Birkin handbags, Manhattan U.S. District Judge Jed S. Rakoff held Monday.

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Traverse Legal Blog

MARCH 8, 2022

Today, we’re going to talk about non-fungible tokens (NFTs). These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. These two projects offer a roadmap for any company, brand, or agency looking to launch an NFT project.

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IPilogue

MARCH 14, 2022

and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos. The mega shoe brand alleges that these sales will confuse customers.

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Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

JD Supra Law

NOVEMBER 9, 2023

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? By: Venable LLP

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Non-Fungible Tokens Technology Licensing Trademark 69

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

TorrentFreak

FEBRUARY 8, 2023

The fleeting non-fungible token (NFT) craze showed that some people are willing to pay vast amounts of money for digital assets that are not guaranteed to retain their value. Major brands such as Coca-Cola, Disney, Nike, and Ubisoft were quick to jump on the bandwagon, for example.

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Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 131

Corsearch

NOVEMBER 15, 2022

For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.

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Branding Brands Branding Non-Fungible Tokens 52

Corsearch

NOVEMBER 15, 2022

With brands continuing to explore the opportunities offered by the digital world, do NFTs present a new type of commercial opportunity or a threat? A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual².

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Branding Brands Branding Non-Fungible Tokens 52

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. A Comprehensive Approach to IPRs.

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Intellectual Property IP Non-Fungible Tokens Branding 116

Traverse Legal Blog

APRIL 19, 2022

This is a ‘one of kind’ video series on token squatting. I am doing this series because I have been unable to find any other comprehensive content on the web or youtube that lays out a detailed and viable playbook for brands and celebrities to protect their names, slogans, and marks against Web3 cybersquatting.

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Branding Brands Branding Trademark 140

IPilogue

JUNE 21, 2022

Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. Nike has taken steps to venture into the metaverse, having acquired RTFKT Studios, an NFT-creator company, in hopes of combining blockchain technology with sneaker culture and fashion by selling Nike’s own digital tokens.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

JD Supra Law

JANUARY 16, 2023

Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to be one of the most common schemes for their use. By: Holland & Knight LLP

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IPilogue

JULY 23, 2021

D isparaging Trademarks at a Time of Social & Racial Justice Movements ” by Brand & New. Brand & New is a podcast by the International Trademark Association. In particular, I enjoyed their conversation about the possibility of minority-owned brands reclaiming and trademarking offensive words or stereotypes. “D

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IP Law 360

JANUARY 2, 2024

District Judge Jed Rakoff has concluded that a Los Angeles speculator's non-fungible tokens appeared to be "valueless items," deciding he couldn't use them as collateral to cover a $133,000 jury verdict he lost to the Hermes brand in a trademark case.

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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. Trade marks are typically associated with a brand and may include brand names, slogans and logos.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

IPilogue

NOVEMBER 15, 2022

Now make it digital, cover it in fur and sell it as a non-fungible token (NFT) called “MetaBirkin” for at least 3.8 Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.” Ethereum (about $6900 Canadian).

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Trademark Law Trademark Non-Fungible Tokens Law 105

JD Supra Law

FEBRUARY 21, 2023

The luxury fashion brand Hermès has won a lawsuit against artist Mason Rothschild, who produced non-fungible tokens (NFTs) he called “MetaBirkins.”. By: AEON Law

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IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

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