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Copyright Laws & Trademark Infringement for NFTs

Traverse Legal Blog

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?

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. The nine-person jury made two important observations. Firstly, it unanimously found the creator of MetaBirkin NFTs guilty of trademark violation on all three counts.

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[Guest post] The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs

The IPKat

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

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IP infringement in Metaverse

IIPRD

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices.

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Fashion In The Metaverse : The Law And Protection

IP and Legal Filings

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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