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

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.

Non-Fungible Tokens 97

Non-Fungible Tokens Artwork Trademark Art 97

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

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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

Non-Fungible Tokens 66

Non-Fungible Tokens Technology Licensing Trademark 66

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

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. Trademark rights can be even more confusing to navigate in the world of NFTs. What is a Non Fungible Token?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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Non-Fungible Tokens Trademark Artwork Art 116

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

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. Patent and Trademark Office (USPTO).

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Branding Branding Brands Non-Fungible Tokens 98

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.

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Non-Fungible Tokens Art Branding Branding 75

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. A critical part of any trademark application is the description of goods and services. It is a “go to” resource for drafting trademark identifications.

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Non-Fungible Tokens Trademark Brands Branding 40

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

JD Supra Law

FEBRUARY 23, 2023

In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark.

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Non-Fungible Tokens Trademark Brands Branding 52

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

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Reporting Non-Fungible Tokens IP Intellectual Property 130

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

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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Trademark Non-Fungible Tokens Brands Branding 95

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 Brands Branding Branding 52

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 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).

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

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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Non-Fungible Tokens Branding Branding Brands 40

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Brands Branding 62

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.

Branding 126

Branding Branding Brands Contracts 126

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.

Branding 52

Branding Branding Brands Non-Fungible Tokens 52

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

Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? Can you trademark a holiday name? CUPID appeared in 481 trademarks registered in 2022.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 52

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

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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Non-Fungible Tokens Artwork Licensing Brands 131

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available.

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Non-Fungible Tokens Intellectual Property Trademark Brands 40

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. Nike currently has multiple pending trademark applications for their NFTs. The Nike Suit.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

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.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Brands 116

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.

Trademark 40

Trademark Non-Fungible Tokens Brands Branding 40

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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Non-Fungible Tokens Technology Business Brands 52

IP and Legal Filings

MAY 24, 2024

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

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Non-Fungible Tokens Art Trademark Brands 93

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 108

Traverse Legal Blog

APRIL 6, 2022

This is a story of an NFT project which got off to a great start but was built on a weak foundation by the game and NFT company Animoca Brands , which brands itself as “Driving digital property rights via NFTs and gaming to build the open metaverse.” The brand licensing deal apparently had a ‘term’ that expired.

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Licensing Trademark Contracts Brands 98

LexBlog IP

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”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52