JD Supra Law

MARCH 25, 2024

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). By: AEON Law The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.)

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Non-Fungible Tokens Publishing Trademark IP 127

JD Supra Law

DECEMBER 8, 2022

Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to non-fungible tokens (NFTs). Patent and Trademark Office (USPTO) and the U.S. By: Skadden, Arps, Slate, Meagher & Flom LLP

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Non-Fungible Tokens Intellectual Property Intellectual Property Law Copyright 98

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. Concerns have been expressed regarding the legal status and the authenticity of such tokens, especially in India. General Law.

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Non-Fungible Tokens Ownership Contracts Copyright 52

JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? This case is an important one to follow because it will likely shape the course of how intellectual property law will apply to non-fungible tokens (NFTs). By: McNees Wallace & Nurick LLC

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Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 102

JD Supra Law

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). By: Sheppard Mullin Richter & Hampton LLP

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Non-Fungible Tokens Reporting IP Intellectual Property 124

JD Supra Law

MARCH 14, 2022

The metaverse and non-fungible tokens (NFTs) are common buzzwords as of late. Why are they doing so, and why is it important to protect your intellectual property as it pertains to the metaverse and NFTs?

Intellectual Property 97

Intellectual Property Non-Fungible Tokens Branding Brands 97

JD Supra Law

JUNE 28, 2022

Copyright Office requesting a study of intellectual property (IP) issues related to non-fungible tokens (NFTs). Citing their roles as leaders of the Judiciary Subcommittee on Intellectual Property and the growing use of NFTs across different fields, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.)

Intellectual Property 93

Intellectual Property Non-Fungible Tokens IP Trademark 93

JD Supra Law

SEPTEMBER 21, 2023

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and services for use in the metaverse.

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Non-Fungible Tokens Registering Trademarks Trademark Intellectual Property 124

JD Supra Law

DECEMBER 14, 2021

While intellectual property legal disputes are nothing new in Hollywood, the non-fungible token (“NFT”) subject matter makes the case novel. By: Jaburg Wilk

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Non-Fungible Tokens Intellectual Property Copyright Infringement Contracts 52

The IPKat

APRIL 29, 2024

This TechieKat is thrilled to attend the 5th Intellectual Property Case Law ( IPCLC ) Conference which is taking place today and tomorrow in Alicante, Spain. As reported here and here , this year’s edition coincides with the 30th anniversary of the European Union Intellectual Property Office (EUIPO).

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Non-Fungible Tokens Reporting IP Law 62

JD Supra Law

DECEMBER 16, 2022

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of the most significant issues we are watching. By: Cadwalader, Wickersham & Taft LLP

Intellectual Property Law 52

Intellectual Property Law Non-Fungible Tokens Intellectual Property Editing 52

JD Supra Law

JANUARY 12, 2023

The use of NFTs ("Non-fungible Tokens") can constitute a trademark infringement. This was recently decided by the IP Chamber of the Court of Rome (Tribunale di Roma, decision of 20 July 2022, ref. 32072/2022).

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Non-Fungible Tokens Intellectual Property Trademark IP 98

JD Supra Law

MARCH 15, 2024

Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property. Patent and Trademark Office and the U.S. By: Womble Bond Dickinson

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Non-Fungible Tokens Publishing Copyright Intellectual Property 77

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 130

LexBlog IP

NOVEMBER 1, 2021

Any creative endeavour is in theory capable of being tokenised or “NFT’d” Record prices are being reached for the sale of non-fungible tokens (NFTs). While we write from an English law perspective, many of the considerations have a broader reach. But what are NFTs? How are they created?

Intellectual Property 52

Intellectual Property Non-Fungible Tokens IP Business 52

IP Watchdog

FEBRUARY 9, 2023

Luxury fashion brand Hermès won their trademark lawsuit against Mason Rothschild, the creator of the non-fungible tokens (NFT) MetaBirkins, on Wednesday. The trial was the first legal case that tested the bounds of artistic expression in NFTs against the country’s intellectual property laws.

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Non-Fungible Tokens Trademark Intellectual Property Law Intellectual Property 98

The IPKat

JANUARY 13, 2022

Consider the recent WIPO webinar , "Blockchain Whitepaper for IP Ecosystems", at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungible tokens.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

JD Supra Law

MARCH 2, 2022

2021 was a big year for Non-Fungible Tokens (NFTs) resulting in significant commercial value. The creators behind Cryptopunks, an NFT project with over $2 billion worth of trading volume, signed a representation deal with a leading Hollywood talent agency to pursue a range of commercial projects.

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Non-Fungible Tokens Intellectual Property Music 98

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. A Comprehensive Approach to IPRs.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

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?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

JD Supra Law

AUGUST 10, 2021

As we have previously written, non-fungible tokens, or NFTs, present novel challenges and opportunities for intellectual property holders. NFTs continue to make waves, even as there is much speculation about their long-term future. By: Sunstein LLP

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Non-Fungible Tokens Patent Law Law Intellectual Property 102

LexBlog IP

APRIL 1, 2022

As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). What Is a Security? 5] That definition is expansive. See, e.g. , Jarozewski v. Gamble , 2013 WL 5496535, at *3 (Conn.

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Non-Fungible Tokens Law Contracts Artwork 52

JD Supra Law

JULY 11, 2022

With a market capitalization forecast of over $35 billion for 2022, there is no question that non-fungible tokens (NFTs) are hugely popular. Despite this, the intellectual property rubric underlying these NFT offerings are inconsistent, confusing, and in many cases in conflict with applicable law.

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Non-Fungible Tokens Intellectual Property Copyright Marketing 98

Intellectual Property Brief

DECEMBER 1, 2021

The recent buzz around Non-Fungible Tokens (NFTs) has created a wealth of both opportunity and legal issues. Intellectual Property and Contract law are fascinating for their legal complexities and their adaptability to modern times.

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Non-Fungible Tokens Intellectual Property Contracts Law 98

IP Law 360

FEBRUARY 8, 2023

Luxury brand Hermes' win Wednesday against an artist's "MetaBirkins" non-fungible tokens won't end the debate over intellectual property rights and NFTs, but it may serve as a cautionary tale for how artists name and promote their NFT projects, attorneys told Law360.

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Non-Fungible Tokens Intellectual Property Branding Brands 98

JD Supra Law

DECEMBER 10, 2021

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. NFT's have reignited and expanded the market for digital art. By: Jaburg Wilk

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Non-Fungible Tokens Intellectual Property Art Marketing 98

JD Supra Law

MAY 9, 2022

As we’ve explained before, a Non-Fungible Token (NFT) isn’t a form of intellectual property (IP). By: AEON Law Instead, it’s more like a receipt for a unique item of IP, to show that you own it – like a pink slip for a car or the deed to a house.

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Non-Fungible Tokens IP Intellectual Property Patent 98

JD Supra Law

JULY 13, 2022

NFTs—or Non-Fungible Tokens—continue to raise new legal questions, particularly involving intellectual property rights and the enforcement of those rights against bad actors. By: Brownstein Hyatt Farber Schreck

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Non-Fungible Tokens Intellectual Property 102

JD Supra Law

MARCH 9, 2022

These primarily include applications related to non-fungible tokens (NFTs) and in relation to virtual goods and services available in what is now being referred to as "the metaverse.". By: Holland & Knight LLP

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Non-Fungible Tokens Intellectual Property Trademark Patent 52

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.

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Non-Fungible Tokens Branding Brands Branding 112

JD Supra Law

JUNE 1, 2022

As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it is no surprise that intellectual property (IP) owners are starting to see an increase in unauthorized uses of their trademarks (..)

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Non-Fungible Tokens Intellectual Property IP Trademark 112

JD Supra Law

JULY 28, 2022

Given the recent rise in the popularity and profitability of non-fungible tokens (NFTs), celebrities have entered the market not only by purchasing NFTs, but also by minting their own.

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Non-Fungible Tokens Intellectual Property IP Marketing 98

IP Law 360

MAY 18, 2023

Though a California federal court recently ruled that alleged copycats had infringed Yuga Lab’s trademark of its Bored Ape Yacht Club non-fungible token collection, the defendants' arguments illustrate why NFT creators must carefully consider their intellectual property licensing terms before selling virtual products on the blockchain, says Kevin Pasquinelli (..)

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Non-Fungible Tokens Licensing Trademark Intellectual Property 75

IP and Legal Filings

SEPTEMBER 8, 2021

Apart from this, Non-Fungible Tokens, the brainchild of Kevin McCoy and Anil Dash, is a unit of data stored in a digital ledger that certifies that the digital asset is unique and is hence non-interchangeable. The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

IP Law 360

AUGUST 17, 2022

Intellectual property lawsuits around non-fungible tokens are presenting old but unsettled trademark questions in a new light, particularly concerning how the so-called confusion inquiry interacts with the First Amendment and the first sale doctrine in the NFT context, says Andrew Michaels at the University of Houston Law Center.

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Non-Fungible Tokens Trademark Litigation Intellectual Property 75

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.

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Non-Fungible Tokens Licensing IP Intellectual Property 98

JD Supra Law

APRIL 21, 2022

has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungible tokens (“NFTs”) that infringe Nike’s intellectual property. Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc.

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Non-Fungible Tokens Fair Use Intellectual Property Trademark 98