The IPKat

SEPTEMBER 27, 2022

Over the past few years, there has been an increased interest in the metaverse (see IPKat posts here ) and NFTs , non-fungible tokens (see IPKat posts here ). Metaverse, virtual goods & NFTs The metaverse was referred to as the “immersive and constant virtual 3D world where people may interact through an avatar”.

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Designs Design Non-Fungible Tokens Editing 144

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. And what role does intellectual property ( IP ) play in their creation and sale? What are NFTs?

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Non-Fungible Tokens IP Cease and Desist Ownership 40

The IPKat

SEPTEMBER 5, 2022

In the case of NFTs, the use of a CC license makes a lot of sense because the value of an NFT is not uniquely centered on the related artwork, which is any case relevant, but on the artist's bio, the blockchain on which is minted and, ultimately, the token (the non-fungible token, in fact, as different from the artwork linked to it).

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

The IPKat

JANUARY 13, 2022

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-fungible tokens.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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JD Supra Law

MARCH 9, 2022

These primarily include applications related to non-fungible tokens (NFTs) and in relation to virtual goods and services available in what is now being referred to as "the metaverse.". By: Holland & Knight LLP

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Non-Fungible Tokens Intellectual Property Trademark Patent 52

The IPKat

APRIL 19, 2023

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-fungible tokens (NFTs). The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g.,

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Non-Fungible Tokens Artwork Contracts Art 121

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.

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Intellectual Property IP Non-Fungible Tokens Branding 116

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

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Blogging IP Non-Fungible Tokens Cease and Desist 127

Olartemoure Blog

OCTOBER 20, 2022

An additional description was introduced in class 9 referring to NFTs (“Downloadable digital files authenticated by non-fungible tokens”) . Although it does include additional classes, it does have changes associated with the addition, delimitation, and extension of some products and services.

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Editing Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

NOVEMBER 10, 2022

Key legal takeaways. The judgement by the Court of Rome is notable in a number of respects.

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Non-Fungible Tokens Trademark Marketing Marketing 52

The IPKat

JULY 20, 2022

Below is a recap of the latest news from the Kat-world to keep you fresh and cool:- Trade Marks The European Intellectual Property Office (EUIPO) has recently issued some guidance notes on its approach to classifying items relating to virtual and non-fungible tokens (NFTs).

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Non-Fungible Tokens Intellectual Property Reporting Branding 69

Corsearch

NOVEMBER 15, 2022

Securing IP rights As of September 2022, there have been more than 23,000 trademark filings across the globe that include NFTs or non-fungible tokens in their description. The USPTO received most of the applications covering 37% of all the requests for a trademark registration covering NFTs (Non-Fungible Tokens).

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Non-Fungible Tokens Trademark Branding Brands 52

The IPKat

JUNE 27, 2021

With regard to the second part of the reference, the CJEU answered that also those persons, who are holding certain IP rights, but are not themselves using those rights, may, in principle, benefit from the measures, procedures and remedies, provided under the Enforcement Directive.

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Non-Fungible Tokens Artwork Copyright Law Intellectual Property 52

SpicyIP

AUGUST 22, 2022

Non-fungible tokens (‘NFTs’) have occupied a significant space in current legal discourse, in no small part due to the numerous legal questions that have emerged in their wake. Referring to precedent, the Tata v Greenpeace decision doesn’t allow for much wiggle-room. The views expressed in the piece are personal.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Non-Fungible Tokens IP Ownership Contracts 98

Traverse Legal Blog

JANUARY 29, 2022

Today we are going to talk about NFTs or non-fungible tokens. We refer to the NFT sellers as the granter or licenser. Additionally, the grantee cannot create derivative works, which means they cannot take this digital asset and turn it into something else by attaching it to another type of asset (digital or non-digital).

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Licensing Non-Fungible Tokens Copyright Copying 102

The IPKat

MARCH 6, 2022

TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years. It's time for a weekly review of posts from the surrounding IP blogs over the past week! The IPKat has reported on a few of them below.

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Blogging Non-Fungible Tokens IP Intellectual Property 85

IP and Legal Filings

OCTOBER 28, 2022

Non-fungible tokens (“NFTs”) continue to be popular. A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Introduction. NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

MAY 24, 2024

Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. References Adi Robertson, Quentin Taratino Settles NFT Lawsuit with Miramax, THE VERGE (Sep. The nine-person jury made two important observations. 09, 2022) [link] Jeremy S.

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Non-Fungible Tokens Art Trademark Branding 104

IP and Legal Filings

FEBRUARY 7, 2023

” Non-fungible tokens (NFTs) have also been investigated by other Indian companies for application in the metaverse. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

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Trademark Non-Fungible Tokens Branding Brands 98

IP Tech Blog

JANUARY 4, 2023

The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. It starts with the Chinese translation of Non-Fungible Tokens. 1008] was filed by Shenzhen Qice Diechu Cultural & Creative Co.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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.

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Non-Fungible Tokens Technology Business Branding 52

SpicyIP

JULY 13, 2021

Another interesting business model making its way into the music industry has pretty much been the talk of the town for a few months now – NFTs (Non-fungible tokens). This refers to an increasing tendency of turning literally anything into a revenue stream that can be traded and capitalized.

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Business Music Contracts Non-Fungible Tokens 122

IP and Legal Filings

JANUARY 30, 2023

References Singh R. In the legal dispute between Amarreto Ranch Breedables, LLC and Ozimals, Inc. , Conclusion 54 billion dollars are being spent on virtual goods, according to a recent J.P. Author: Rohit Soni, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

Intepat

SEPTEMBER 15, 2023

The Creator’s Conundrum: Defining Authorship in the Age of AI The emergence of AI-generated art introduces a fascinating paradox, commonly referred to as “The Creator’s Conundrum.” Some of his works have been sold as NFTs (Non-Fungible Tokens).

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

JANUARY 26, 2022

Non-fungible tokens (NFTs) are one of many possible use cases for how blockchain technologies could help monetize creative works and reduce the reliance on intermediaries (for an analysis of copyright issues with NFTs see here and here ). Is it not sufficient to refer to web1 as an internet where people could read (i.e.,

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

Kluwer Copyright Blog

JULY 20, 2022

The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. Image by Riki32 via Pixabay.

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Copyright Copying Non-Fungible Tokens Copyright Law 135

SpicyIP

AUGUST 30, 2021

A non-fungible token (NFT) marketplace has been launched by Alibaba Group of China, which permits customers to buy and sell NFTs while also facilitating licensing and selling of IP. Thus, she notes, based on the tests laid down by the Madras HC in Consim Info Pvt.

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Non-Fungible Tokens Fair Use Advertising Advertising 105

The IPKat

MARCH 2, 2023

The French fashion house sued Hermés for trade mark infringement, essentially referring to a risk of confusion for consumers, as well as trade mark dilution and cybersquatting. Neither trade mark covered digital assets. Defendant Rothschild mainly centred his counterarguments on the Roger test (as established in 1989 case Rogers v.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

The IPKat

NOVEMBER 15, 2022

Generally speaking, and without a reference to any specific jurisdiction, there are cases in law where a bona fide purchaser of a good may be subject to the legal effect of an injunction order issued to their seller or transferor.

Contracts 83

Contracts Non-Fungible Tokens Technology Advertising 83

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. Read the full article on World Intellectual Property Review. PDF copy available.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

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. ” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

SpicyIP

JULY 19, 2021

She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Traverse Legal Blog

APRIL 19, 2022

Both videos are linked in the description below for easy navigation and reference. This is a ‘one of kind’ video series on token squatting. What happens when someone registers your trademark or personal name on these web3 extensions? There are two videos in this web3 domain squatting educational series.

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Branding Brands Branding Trademark 140

IIPRD

FEBRUARY 25, 2022

But in this sphere of metaverse and blockchain currencies, the Ethereum blockchain has gained skyrocketing popularity with the evolution of Non-Fungible Tokens. Non-Fungible Tokens mainly refer to digital files of various digital as well as physical goods and creations that are stored as tokens and can be traded easily.

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Non-Fungible Tokens IP Ownership Intellectual Property 40