JD Supra Law

MARCH 25, 2024

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (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.

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Non-Fungible Tokens Publishing Trademark IP 127

JD Supra Law

DECEMBER 14, 2021

The Lawsuit Against Tarantino - On November 16, 2021, Miramax filed a lawsuit against famed film director Quentin Tarantino, alleging breach of contract, copyright infringement, trademark infringement, and unfair competition. By: Jaburg Wilk

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Non-Fungible Tokens Intellectual Property Copyright Infringement Contracts 52

IP Watchdog

MAY 28, 2023

On April 3, 2023, the UK Intellectual Property Office (UKIPO) issued much needed guidance on how digital goods and services – namely non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse – should be classified for trademark purposes.

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JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York. By: McNees Wallace & Nurick LLC

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Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 102

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

JD Supra Law

FEBRUARY 14, 2023

In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks. By: Jones Day

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Non-Fungible Tokens Trademark 97

JD Supra Law

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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Non-Fungible Tokens Reporting IP Intellectual Property 124

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.

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Non-Fungible Tokens Trademark Ownership Marketing 122

IP Law 360

MAY 1, 2024

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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IP Watchdog

JUNE 30, 2022

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. 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.

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Non-Fungible Tokens Trademark Litigation Designs 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

CoCal IP Law Institute

MAY 9, 2022

Non-fungible tokens ("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.

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Non-Fungible Tokens Litigation Trademark IP 40

JD Supra Law

FEBRUARY 14, 2023

Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens (NFTs) of METABIRKINS in the metaverse, thereby infringing and diluting Hermès’ BIRKIN mark that is used for luxury handbags.

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Non-Fungible Tokens Trademark Designs Design 98

IP Law 360

MARCH 14, 2024

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

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Non-Fungible Tokens Artwork Designs Design 105

JD Supra Law

FEBRUARY 14, 2023

Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). The case is a first-of-its-kind examination of trademark infringement in emerging. By: Hogan Lovells

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Non-Fungible Tokens Trademark 98

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

JANUARY 12, 2023

The use of NFTs ("Non-fungible Tokens") can constitute a trademark infringement. The court emphasized that the scope of protection of a trademark also extended to goods that were not included in the Nice Classification, but closely related to the goods listed in the respective class for which a trademark was registered.

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Non-Fungible Tokens Intellectual Property Trademark IP 98

IP Watchdog

NOVEMBER 28, 2022

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-fungible tokens (NFTs).

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Non-Fungible Tokens Ownership Intellectual Property IP 126

JD Supra Law

MAY 25, 2022

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. Mason Rothschild sheds new light on how courts might assess trademark rights in connection with NFTs and digital products. District Court for the Southern District of New York’s opinion in Hermès International, et al.

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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 111

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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Non-Fungible Tokens Artwork Trademark Art 97

IP Law 360

MAY 18, 2023

Though a California federal court recently ruled that alleged copycats had infringed Yuga Lab’s trademark of its Bored Ape Yacht Club non-fungible token collection, the defendants' arguments illustrate why NFT creators must carefully consider their intellectual property licensing terms before selling virtual products on the blockchain, says Kevin Pasquinelli (..)

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Non-Fungible Tokens Licensing Trademark Intellectual Property 75

IP Law 360

JANUARY 2, 2023

Copyright and trademark attorneys this year will be keeping an eye on intellectual property agencies' joint study on non-fungible tokens, developments involving artificial intelligence, as well as a Trademark Modernization Act provision that could speed up the trademark registration process.

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Non-Fungible Tokens Trademark Copyright Intellectual Property 75

JD Supra Law

MARCH 15, 2024

Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property. By: Womble Bond Dickinson

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Non-Fungible Tokens Publishing Copyright Intellectual Property 77

JD Supra Law

FEBRUARY 8, 2022

The curiosity, excitement, skepticism, and enthusiasm surrounding non-fungible tokens (“NFTs”) and the metaverse is at an all-time high! Patent and Trademark Office (“USPTO”). This week’s NFT Newsroom article discusses what a trademark is, and the rise of trademark applications.

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Non-Fungible Tokens Trademark Patent 98

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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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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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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Non-Fungible Tokens Branding Brands Branding 98

JD Supra Law

FEBRUARY 17, 2022

Trademark filings in the metaverse and non-fungible tokens (NFTs) space are a hot topic these days in the media and IP Bar, and many brand owners are asking themselves whether it’s time to join in or risk being left behind.

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Non-Fungible Tokens Branding Brands Branding 112

JD Supra Law

APRIL 27, 2023

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-fungible tokens (NFTs). By: ArentFox Schiff

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Non-Fungible Tokens Patent Patent Law Trademark 98

JD Supra Law

JULY 25, 2022

Can it be applied effectively in a world coming to grips with non-fungible tokens? The Lanham Act is seventy-six years old. A lawsuit involving the luxury brand Hermès gives us a glimpse into a skirmish that is very much of the moment. By: Sunstein LLP

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Non-Fungible Tokens Trademark Branding Brands 97

IP Law 360

AUGUST 17, 2022

Intellectual property lawsuits around non-fungible tokens are presenting old but unsettled trademark questions in a new light, particularly concerning how the so-called confusion inquiry interacts with the First Amendment and the first sale doctrine in the NFT context, says Andrew Michaels at the University of Houston Law Center.

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Non-Fungible Tokens Trademark Litigation Intellectual Property 75

JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungible tokens (“NFTs”) that infringe Nike’s intellectual property.

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Non-Fungible Tokens Fair Use Intellectual Property Trademark 98

IP Watchdog

MARCH 15, 2024

Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (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.

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Non-Fungible Tokens Patent Infringement Trademark Patent 52

JD Supra Law

NOVEMBER 9, 2023

While there is no one-size-fits-all answer for brand owners on the new web3 frontier, there are steps companies can take to minimize risk posed by such newly emerging technologies as non-fungible tokens, interactive "metaverses," and augmented reality. By: Venable LLP

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Non-Fungible Tokens Technology Licensing Trademark 68

JD Supra Law

JUNE 20, 2022

Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. As The Verge reported. By: AEON Law

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JD Supra Law

FEBRUARY 21, 2023

On Wednesday, February 8, 2023, a Manhattan federal jury issued a verdict finding Mason Rothschild, creator of a collection of non-fungible tokens (NFTs) called “MetaBirkins,” liable for infringing and diluting Hermès International’s BIRKIN trademarks for its iconic Birkin handbag and for unlawfully cybersquatting on the MetaBirkins.com domain name.

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