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Fair Use Clauses & Non Fungible Tokens

Traverse Legal Blog

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law.

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

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.

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It’s Not a Bag, it’s a MetaBirkin!

IPilogue

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Is this Fair Use?

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Top Trademark Trends of 2022

Erik K Pelton

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.

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

SpicyIP

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. 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. C) Any non-commercial use of a mark.

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Journey Through “Januarys” on SpicyIP (2005 – Present)

SpicyIP

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game.