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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Non-Fungible Tokens Branding Branding Brands 101

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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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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Non-Fungible Tokens Branding Branding Brands 98

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 Branding 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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Non-Fungible Tokens Trademark Registration Branding 98

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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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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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 Branding Brands 144

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 Branding 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 Branding 97

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 137

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 66

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

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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Non-Fungible Tokens Branding Branding Brands 52

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.

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Intellectual Property Non-Fungible Tokens Branding Branding 97

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 Branding Brands 101

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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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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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 Branding Brands Non-Fungible Tokens 98

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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Non-Fungible Tokens Branding Brands Branding 52

Traverse Legal Blog

OCTOBER 20, 2022

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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Traverse Legal Blog

AUGUST 15, 2022

An NFT or “non-fungible token” is a digital asset that links ownership to unique digital items. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. Non-fungible tokens are a relatively new thing and even newer in the gaming industry.

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Non-Fungible Tokens Ownership Intellectual Property Artwork 52

JD Supra Law

FEBRUARY 23, 2023

Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”) depicting luxury brand Hermès International’s renowned Birkin bags covered in faux fur in a range of contemporary color and graphic representations. By: Stark & Stark

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Non-Fungible Tokens Trademark Branding Branding 52

JD Supra Law

FEBRUARY 15, 2023

Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the “MetaBirkins” – constituted trademark infringement and dilution and that Rothschild was further violating anticybersquatting laws (..)

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Non-Fungible Tokens Branding Branding Brands 52

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

LexBlog IP

OCTOBER 4, 2022

Trademark Office is trying to help brand owners keep up with the ever-evolving labyrinth of brand protection by including the emerging NFT technology. The descriptions of these goods and services (also known as the identification) are crucial to effective brand protection.

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Non-Fungible Tokens Trademark Branding Branding 40

Traverse Legal Blog

MARCH 25, 2022

In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Are major brands are dropping NFTs? What big brand names are dropping NFTs? You are a brand interested in NFTs.

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Branding Branding Brands Contracts 126

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 113

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

IP Law 360

MARCH 29, 2023

The French luxury brand Hermes is accusing the legal team behind the "MetaBirkin" line of non-fungible tokens of continuously trying to litigate their trademark dispute "in the press," during and in the wake of losing a jury verdict in the case a month ago.

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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 Branding Brands Non-Fungible Tokens 52

Traverse Legal Blog

AUGUST 15, 2022

The basic explanation is that an NFT, or “non-fungible token” is a digital asset that links ownership to unique digital items. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What are NFTs? NFT Technology. NFTs in Video Games.

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Non-Fungible Tokens Ownership Artwork Technology 40

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 Branding Brands Non-Fungible Tokens 52

Garrigues Blog

OCTOBER 26, 2022

Non-fungible tokens, or NFTs, have come to hold a fundamental place in the digital universe and, specifically, in the so-called Web3. Although at present NFTs are scarcely used beyond mere collectibles, the growing interest in the metaverse is making non-fungible tokens extremely useful assets in our virtual lives.

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Non-Fungible Tokens Trademark Intellectual Property Art 52

LexBlog IP

NOVEMBER 13, 2023

Introduction Digital technologies such as the metaverse, non-fungible tokens ( NFTs ), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks. physical) marks. It will be worthwhile keeping a watchful eye on the outcome of this one.

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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