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

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It’s Not a Bag, it’s a MetaBirkin!

IPilogue

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.”

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NFTs Excite Hollywood But Not Because They Can Solve Piracy

TorrentFreak

The fleeting non-fungible token (NFT) craze showed that some people are willing to pay vast amounts of money for digital assets that are not guaranteed to retain their value. The recording industry group has already sent DMCA takedowns and cease and desist letters targeting unauthorized music-inspired NFT projects.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

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. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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