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.

Non-Fungible Tokens 138

Non-Fungible Tokens Art Artwork Copyright 138

IP Law 360

FEBRUARY 5, 2024

Hermès urged the Second Circuit on Friday to ignore arguments on appeal by the non-fungible token creator found liable for ripping off the luxury goods company's Birkin bag that the jury's ruling on intent improperly ignored free-speech art rights.

Non-Fungible Tokens 75

Non-Fungible Tokens Art 75

JD Supra Law

APRIL 19, 2022

Overview Non-Fungible Tokens (NFTs) continue to generate significant commercial value for brands through the licensing or transfer of intellectual property and commercial rights. This is part 4 of our IP Update series exploring the evolving landscape for Internet, Digital Media and e-Commerce. By: Smart & Biggar

Non-Fungible Tokens 113

Non-Fungible Tokens Branding Brands Branding 113

IP Law 360

JANUARY 24, 2022

An art collector who purchased a painting by Indian artist M.F. Husain has told a New York federal court he's been threatened with copyright infringement claims from the artist's estate over plans to sell non-fungible tokens based on the vivid 60-foot mural.

Non-Fungible Tokens 75

Non-Fungible Tokens Art Copyright Infringement Copyright 75

JD Supra Law

DECEMBER 10, 2021

NFT's have reignited and expanded the market for digital art. When Hollywood director Quentin Tarantino tried to create an NFT project using intellectual property owned by the studio, the reaction from the execs was less than enthusiastic. By: Jaburg Wilk

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Art Marketing 98

IPilogue

JUNE 13, 2022

Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art. However, since art is a cultural tool and an economic driver, those who create work should be protected by all invested stakeholders.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

IP Law 360

FEBRUARY 6, 2023

A Manhattan federal jury deliberated infringement claims Monday against a California designer who argues his "MetaBirkin" non-fungible tokens are artistic expression shielded from trademark liability by the First Amendment despite obvious similarities to Hermes International's Birkin handbags.

Non-Fungible Tokens 75

Non-Fungible Tokens Art Designs Design 75

IPilogue

SEPTEMBER 16, 2022

On July 18 th , 2022, the world’s second-largest art auction house, Christie’s, announced the establishment of Christie’s Ventures , an investment fund that will support emerging tech companies whose products could have an impact on the art market. The auction house was one of the first art institutions to arrange NFT sales.

Art 105

Art Non-Fungible Tokens Technology Journalism 105

IP Law 360

FEBRUARY 7, 2023

A Manhattan federal judge instructed a jury mulling trademark claims against "MetaBirkin" maker Mason Rothschild to keep deliberating after jurors hinted Tuesday they see both infringement and artistic expression in the California designer's non-fungible tokens that resemble Hermes International's Birkin handbags.

Non-Fungible Tokens 75

Non-Fungible Tokens Art Designs Design 75

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

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Trademark Litigation Designs 98

IP Law 360

JANUARY 5, 2023

As the non-fungible token market evolves rapidly, attorneys should be familiar with three types of legal instruments used to convey rights in NFT transactions, including agreements between the artist of the underlying artwork and the NFT creator, says Hannah Ji-Otto at Baker Donelson.

Non-Fungible Tokens 74

Non-Fungible Tokens Artwork Art Marketing 74

JD Supra Law

NOVEMBER 9, 2021

What do fast food, art, and sports have in common? In recent years, companies in each of these industries have embraced a technology known as non-fungible tokens, or NFTs. By: Vinson & Elkins LLP

Non-Fungible Tokens 119

Non-Fungible Tokens Business Art Technology 119

JD Supra Law

FEBRUARY 16, 2022

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. By: International Lawyers Network

Non-Fungible Tokens 98

Non-Fungible Tokens Art 98

The IPKat

JULY 14, 2022

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-fungible tokens (NFTs). All this is at odds with the understanding of NFTs as property.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

JD Supra Law

DECEMBER 19, 2022

The metaverse and non-fungible tokens (NFTs) may come with a perception of being used solely for entertainment and frivolity, but the technologies are more than videogames and multi-million-dollar art pieces.

Non-Fungible Tokens 98

Non-Fungible Tokens Art Technology 98

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

JD Supra Law

JUNE 29, 2022

From ownership to expression to revenue, it’s no secret that non-fungible tokens (NFTs) have made a significant impact on the art world in the last 18 months.

Non-Fungible Tokens 98

Non-Fungible Tokens Art Ownership Reporting 98

JD Supra Law

AUGUST 24, 2022

With the proliferation of non-fungible tokens (“NFTs”), particularly in the art space, an interesting and potentially groundbreaking practice has developed where certain intellectual property (“IP”) pertaining to the NFTs is licensed to the NFT buyers and their subsequent transferees.

Non-Fungible Tokens 98

Non-Fungible Tokens Licensing IP Intellectual Property 98

JD Supra Law

APRIL 13, 2022

And, in early 2021, the artist Beeple shattered records when the digital art piece Everydays - The First 500 Days sold, as a non-fungible token (NFT), at Christie’s for a whopping $69 million in Ethereum cryptocurrency. In 2020, the cryptocurrency market was valued at $1.49 By: Venable LLP

Non-Fungible Tokens 102

Non-Fungible Tokens IP Art Marketing 102

JD Supra Law

APRIL 12, 2022

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent.

Non-Fungible Tokens 102

Non-Fungible Tokens Marketing Marketing Copying 102

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.

Non-Fungible Tokens 75

Non-Fungible Tokens Art Branding Brands 75

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.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP Law 360

JUNE 27, 2022

A self-styled conceptual artist is copying and reselling images that are part of the Bored Ape Yacht Club non-fungible token collection, the company behind the trendy digital art series told a California federal court.

Non-Fungible Tokens 74

Non-Fungible Tokens Business Copying Art 74

IP Law 360

MARCH 4, 2022

This past week in London has seen an art collector sue a marketplace for non-fungible tokens, a British rap trio do battle with their manager, and two DIY stores throw the kitchen sink at each other over designs. Here, Law360 looks at those and other new claims in the U.K.

Non-Fungible Tokens 75

Non-Fungible Tokens Litigation Art Designs 75

JD Supra Law

FEBRUARY 23, 2022

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique blockchain-based digital assets that are associated with images, artwork, videos, games, or other creative content.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Art 52

The IPKat

MAY 3, 2022

We’ve had Decentraland’s ‘ Metaverse Fashion Week ’, where attendees could buy wearable NFTs (Non Fungible Tokens, non-interchangeable digital assets stored on a blockchain), PrettyLittleThing’s first virtual model (launched to a mixed reaction), and the entry of Shiba Inu coin ('SHIB' – an alternative to Dogecoin) into the Metaverse.

Non-Fungible Tokens 100

Non-Fungible Tokens Branding Brands Branding 100

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?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Plagiarism Today

SEPTEMBER 12, 2022

The dispute began last year when Tarantino announced that he would sell several non-fungible tokens (NFTs) based on the film Pulp Fiction. In addition to resale royalties, the government is also seeking to combat counterfeit pieces of art, noting that Inuit artists have been a major target for such counterfeit works.

Non-Fungible Tokens 170

Non-Fungible Tokens Settlement Copyright Notice Plagiarism 170

JD Supra Law

NOVEMBER 19, 2021

Hollywood film studio Miramax recently filed a lawsuit against director Quentin Tarantino and others over his plans to auction off non-fungible tokens (NFTs) based on the 1994 film, Pulp Fiction. By: Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Non-Fungible Tokens 63

Non-Fungible Tokens Art 63

Chicago-Kent Intellectual Property Journal Blog

FEBRUARY 9, 2022

NFT Marketplaces and the DMCA Safe Harbors Sarah Law | February 9, 2022 Introduction: With the creation of bitcoin and the expansion of digital art on the internet, non-fungible tokens (NFTs) have quickly risen to the center of attention for many people.

Non-Fungible Tokens 52

Non-Fungible Tokens Journalism Intellectual Property Art 52

The IPKat

AUGUST 29, 2022

Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation.

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

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.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

Dear Rich IP Blog

MAY 12, 2022

Dear Rich: As the representative of a particular (living) artist, I was recently contacted by the organizer of an exhibition in which original art pieces owned by various collectors will be on display -- including my client's art. BTW, the same rules apply for non-fungible tokens (NFTs).

Artwork 52

Artwork Non-Fungible Tokens Art Copying 52

IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. To read more about the absence of proper Regulation of NFT Platforms and the associated outcomes, please see Blurred Lines: How the Lack of Regulation of NFT Platforms Has Fueled Rampant Art Theft.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. A lot of artists are now experimenting with digital art.

Non-Fungible Tokens 78

Non-Fungible Tokens Copyright Intellectual Property Ownership 78

IPilogue

JULY 8, 2022

Imagine you are a new artist, who sells your art for $500 dollars, which is enough to cover the cost of supplies and your time spent on the piece. This is because NFTs are a “one-time copy” of original art, and thus resale of the NFT does not activate ARR entitlements, which only apply to the original work.

Non-Fungible Tokens 73

Non-Fungible Tokens Art Artwork Copying 73