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In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungibleTokens. In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungibleTokens and expand on recent developments since May.
The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungibletokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study.
Patent and Trademark Office (USPTO) and the U.S. Copyright Office published a joint notice of inquiry in the Federal Register announcing that the two agencies would be collaborating on a study regarding intellectual property legal issues related to digital assets known as non-fungibletokens (NFTs).
million in damages for copying Bored Ape’s Non-FungibleToken (NFT) art. A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 Plaintiff Yuga Labs, Inc. is the creator of one of the world’s most well-known and successful NFT collections, known as the Bored Ape Yacht Club (BAYC).
IBM and IPwe, believe that NFTs, Non-FungibleTokens – one-of-a-kind limited digital editions – can transform stagnant patent monetization into a trillion dollar market. Two IP icons Continue reading.
A company that developed a platform that enables users to display their non-fungibletokens on their watches has sued LVMH in Texas federal court over claims the luxury goods giant infringed on its "pioneering"nonfungible tokens display technology when it allowed NFT displays on its own smartwatches.
On November 23, 2022, the US Patent & Trademark Office and the US Copyright Office announced that they are seeking public input on intellectual property (IP) considerations related to non-fungibletokens (NFTs). By: McDermott Will & Emery
” NFTs, or non-fungibletokens, have seen both big sales and big business in the past year. Next up today, Ernesto Van der Sar at Torrentfreak writes that, in Sweden, the Patent and Market Court of Appeals has overturned both the prison sentences and damages of two men tied to an IPTV operation.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-FungibleTokens 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.
As we have previously written, non-fungibletokens, or NFTs, present novel challenges and opportunities for intellectual property holders. This article explains how NFTs have been creating new challenges and opportunities specifically in the patent space. By: Sunstein LLP
On January 26, 2023, the US Patent and Trademark Office (USPTO) conducted a public roundtable, during which various attorneys and industry experts discussed their thoughts on the intersection of patent law with non-fungibletokens (NFTs). By: ArentFox Schiff
What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungibletokens (“NFTs”), turning assets into a token that is represented on the blockchain. By: Porter Hedges LLP
A New York federal court has ruled that a non-fungibletoken (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.
A comment to the EUIPO Guidance on NFTs by Paolo Maria Gangi As The IPKat reported a few days ago here , the European Intellectual Property Office (EUIPO) has recently released some guidance notes on its approach to the classification of non-fungibletokens (NFTs).
Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungibletokens (NFTs) using Nike trademarks. As The Verge reported. By: AEON Law
Given the recent bust cycle of cryptocurrencies and non-fungibletokens (NFTs), all things blockchain are currently tainted with words such as "bubble", "scam", and "fraud". But blockchain technology, which is what enables cryptocurrencies and NFTs, remains a remarkably innovative tool.
As we’ve explained before, a Non-FungibleToken (NFT) isn’t a form of intellectual property (IP). Instead, it’s more like a receipt for a unique item of IP, to show that you own it – like a pink slip for a car or the deed to a house. By: AEON Law
Patent and Trademark Office (USPTO) and the U.S. Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to non-fungibletokens (NFTs). On November 23, 2022, the U.S. By: Skadden, Arps, Slate, Meagher & Flom LLP
The ascendance of non-fungibletokens (NFTs) as an asset class also has caught practically everyone off-guard. The rise in the value of crypto currencies in just three years to $3 trillion is vexing to businesses, investors and IP professional who are struggling to understanding where they fit in.
The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic.
The curiosity, excitement, skepticism, and enthusiasm surrounding non-fungibletokens (“NFTs”) and the metaverse is at an all-time high! Patent and Trademark Office (“USPTO”).
Patent and Trademark Office (PTO) and the U.S. Copyright Office requesting a study of intellectual property (IP) issues related to non-fungibletokens (NFTs). On June 9, 2022, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.) sent a letter to the directors of the U.S.
Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungibletokens (NFTs) and intellectual property. By: Womble Bond Dickinson
Patent and Trademark Office announced Tuesday they're seeking comments on intellectual property concerns stemming from the growing use of digital assets known as NFTs, or non-fungibletokens, with plans to hold public roundtables in January to gather feedback. Copyright Office and the U.S.
Patent and Trademark Office and U.S. Copyright Office's decision to study the impact of intellectual property rights on non-fungibletokens is a welcome move, with attorneys telling Law360 there are key questions they want answers to, including what the definitions of basic terms are and how clients' assets can best be protected.
Non-fungibletokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-FungibleTokens and Intellectual Property on March 12, 2024 (“Report”).
NFT stands for non-fungibletoken. 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. Nike recently lodged a patent for a product called CryptoKicks. We’re glad you asked.
Apart from this, Non-FungibleTokens, the brainchild of Kevin McCoy and Anil Dash, is a unit of data stored in a digital ledger that certifies that the digital asset is unique and is hence non-interchangeable. In recent years, applications for blockchain patents have increased at a rapid rate.
The fleeting non-fungibletoken (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. These digital entries are stored on a blockchain and allow buyers to prove that they are legitimate ‘owners’ of some underlying asset or right.
The luxury fashion brand Hermès has won a lawsuit against artist Mason Rothschild, who produced non-fungibletokens (NFTs) he called “MetaBirkins.”. By: AEON Law
Whether you are looking to make your own nonfungibletoken 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 (NonFungibleTokens) Considered Intellectual Property? What is a NonFungibleToken?
Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungibletokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case. This week in Other Barks & Bites: the U.S.
Consider the recent WIPO webinar , "Blockchain Whitepaper for IP Ecosystems", at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungibletokens.
Another layer of complexity arises from the unique characteristics of non-fungibletokens (NFTs), which have become the metaverses digital asset backbone. This question often leads to disputes, as the metaverses decentralized structure lacks clear regulatory oversight.
The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungibletokens (NFTs). The legal nature of an NFT In each NFT there is a non-fungibletoken created by the smart contract and an image (e.g.,
Trademark and Patent Office (USPTO) has experienced a significant rise in the number of trademark applications to protect goods and/or services in a virtual sphere.
A recent example of how the metaverse will include digital fashion is the conflict between Hermès and MetaBirkins over allegedly trademark-infringing non-fungibletokens ("NFTs") that were marketed as MetaBirkins without Hermès' permission.
Patents Munich I Regional Court has created a third patent litigation division. Both Juve Patent and Foss Patents blogs commented on this move. Other Non-fungibletokens (NTFs) are more and more discussed in connection with their IP implications. The current battle is over a U.S.
For anybody interested in both IP law and the cannabis industry, host Jenn Procacci and patent attorney and plant scientist Dr. Dale Hunt delve into IP protection for cannabis breeders. . Jurassic Patents” by IP Goes Pop! My favourite episode is Jurassic Patents, where Volpe Koenig attorney and Ph.D.
The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Hetronic International, Inc. which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US.
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