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2022 Trademark Law Recap: NFTs, Distinct Branding, and the First Amendment

JD Supra Law

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York. By: McNees Wallace & Nurick LLC

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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

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

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Trademark Law Moves Online: “MetaBirkin” Updates

IPilogue

Now make it digital, cover it in fur and sell it as a non-fungible token (NFT) called “MetaBirkin” for at least 3.8 Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Ethereum (about $6900 Canadian).

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Fair Use Clauses & Non Fungible Tokens

Traverse Legal Blog

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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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

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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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

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”). In other words, this is more of a contractual issue than statutory issue in the US.

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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. Trademark rights can be even more confusing to navigate in the world of NFTs.