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IP and NFTs: Where are We?

LexBlog IP

February 2022: Nike sues online retailer StockX for trademark infringement based on StockX’s sale of NFTs for limited edition Nike sneakers that include images of the sneaker. In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

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“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

IP Whiteboard

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. Multiple pieces of copyright material may exist in a single digital work. What are NFTs?

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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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