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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? This case is an important one to follow because it will likely shape the course of how intellectual property law will apply to non-fungible tokens (NFTs). By: McNees Wallace & Nurick LLC

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Hermès Wins Landmark MetaBirkins NFT Trademark Trial

IP Watchdog

Luxury fashion brand Hermès won their trademark lawsuit against Mason Rothschild, the creator of the non-fungible tokens (NFT) MetaBirkins, on Wednesday. The trial was the first legal case that tested the bounds of artistic expression in NFTs against the country’s intellectual property laws.

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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. Are NFTs (Non Fungible Tokens) Considered Intellectual Property?

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NFTs Excite Hollywood But Not Because They Can Solve Piracy

TorrentFreak

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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“Murky Terms of Purchase and Ownership”: Nike Sues StockX Over Virtual Sneaker NFTs

IPilogue

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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Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes

IPilogue

I loved this episode on celebrities being sued for posting images of themselves because it does an excellent job of exploring the IP law basis for this phenomenon. “D D isparaging Trademarks at a Time of Social & Racial Justice Movements ” by Brand & New. Brand & New is a podcast by the International Trademark Association.