LexBlog IP

JULY 6, 2021

NFTs are digitally unique “non-fungible tokens,” based on block chain technology, that are used to manage the IP rights of artists in underlying works. New and innovative uses for NFTs are arising now across a variety of industries.

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Non-Fungible Tokens Art Technology IP 40

IP Law 360

MAY 1, 2024

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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IP Watchdog

NOVEMBER 28, 2022

Copyright Office published a joint notice of inquiry in the Federal Register announcing that the two agencies would be collaborating on a study regarding intellectual property legal issues related to digital assets known as non-fungible tokens (NFTs).

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Non-Fungible Tokens Ownership Intellectual Property Copyright 126

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 78

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”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

CoCal IP Law Institute

MAY 9, 2022

Non-fungible tokens ("NFTs") - what are they, anyhow? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Technically, they are a digital asset. Again, what does that mean?

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Non-Fungible Tokens Litigation Trademark IP 40

IP Law 360

MARCH 14, 2024

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

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Non-Fungible Tokens Artwork Designs Design 105

JD Supra Law

AUGUST 12, 2021

Carolyn Toto recently joined host Joel Simon on his Industry Insights podcast continue the discussion of non-fungible tokens, related IP ownership issues and more. Joel Simon: Our discussion today is part of a series on non-fungible tokens, known as NFTs.

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Non-Fungible Tokens Ownership Social Media IP 103

IP Watchdog

MAY 1, 2022

The rise in the value of crypto currencies in just three years to $3 trillion is vexing to businesses, investors and IP professional who are struggling to understanding where they fit in. The ascendance of non-fungible tokens (NFTs) as an asset class also has caught practically everyone off-guard.

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Non-Fungible Tokens IP Intellectual Property Business 116

JD Supra Law

MAY 9, 2022

As we’ve explained before, a Non-Fungible Token (NFT) isn’t a form of intellectual property (IP). 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. By: AEON Law

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Non-Fungible Tokens IP Intellectual Property Patent 98

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

IP Watchdog

MARCH 15, 2024

Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case. This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) and U.S.

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Non-Fungible Tokens Patent Infringement Trademark Patent 52

IP Watchdog

MAY 28, 2023

On April 3, 2023, the UK Intellectual Property Office (UKIPO) issued much needed guidance on how digital goods and services – namely non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse – should be classified for trademark purposes.

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Non-Fungible Tokens Trademark Intellectual Property Technology 126

IP Close Up

JUNE 15, 2021

IBM and IPwe, believe that NFTs, Non-Fungible Tokens – one-of-a-kind limited digital editions – can transform stagnant patent monetization into a trillion dollar market. Two IP icons Continue reading.

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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 Intelligence

JANUARY 30, 2024

The inaugural BakerHostetler IP Perspectives (BHIPP) reflects BakerHostetler’s stance at the forefront of industry developments. It offers concise analysis from various IP practice teams of current challenges and trends as a showcase of attorneys’ knowledge and experience. The work garnered recognition of the practice as U.S.

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Non-Fungible Tokens IP Intellectual Property Litigation 52

JD Supra Law

APRIL 19, 2022

This is part 4 of our IP Update series exploring the evolving landscape for Internet, Digital Media and e-Commerce. Overview Non-Fungible Tokens (NFTs) continue to generate significant commercial value for brands through the licensing or transfer of intellectual property and commercial rights. By: Smart & Biggar

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Non-Fungible Tokens Branding Brands Branding 113

JD Supra Law

SEPTEMBER 20, 2022

Although NFTs (non-fungible tokens) have been around since approximately 2014, they exploded into the mainstream in early 2021, fetching eye-popping prices at auction. After Beeple’s March 2021 sale made headlines, the market remained red hot through the rest of that year. million in December 2021.

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IP Law 360

FEBRUARY 5, 2024

Hermès urged the Second Circuit on Friday to ignore arguments on appeal by the non-fungible token creator found liable for ripping off the luxury goods company's Birkin bag that the jury's ruling on intent improperly ignored free-speech art rights.

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Non-Fungible Tokens Art 75

JD Supra Law

APRIL 13, 2022

And, in early 2021, the artist Beeple shattered records when the digital art piece Everydays - The First 500 Days sold, as a non-fungible token (NFT), at Christie’s for a whopping $69 million in Ethereum cryptocurrency. In 2020, the cryptocurrency market was valued at $1.49 By: Venable LLP

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Non-Fungible Tokens IP Art Marketing 102

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 113

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

JD Supra Law

JUNE 21, 2022

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

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Non-Fungible Tokens Artistic Work IP Patent 116

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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IP Watchdog

NOVEMBER 18, 2021

Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungible tokens (NFTs) that relate to a copyright-protected work.

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Non-Fungible Tokens Ownership Contracts IP 126

IP Law 360

JANUARY 25, 2024

The artists accused of ripping off the Bored Ape Yacht Club non-fungible token collection have been ordered to pay creator Yuga Labs more than $7 million in attorney fees and costs, despite their concerns that Yuga's counsel at Fenwick & West LLP overbilled in the case.

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Non-Fungible Tokens 75

JD Supra Law

NOVEMBER 4, 2022

Kilpatrick Townsend’s Rob Potter recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “NFTs Demystified: Where We Are and Where We’re Going.”

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Non-Fungible Tokens IP Business Law 98

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

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

JD Supra Law

APRIL 14, 2022

In 2021, Collins Dictionary named “NFT,” the abbreviation for non-fungible token, its word of the year. In 2017, the US-based Association of National Advertisers named AI (artificial intelligence) its marketing word of the year. By: Dentons

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IP Law 360

OCTOBER 26, 2023

A California federal judge has awarded non-fungible token studio Yuga Labs nearly $1.6 million from a pair of alleged copycats who sold competing tokens that were found to infringe the studio's Bored Ape Yacht Club collection.

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IP Law 360

NOVEMBER 14, 2023

A French national who developed worthless "Mutant Ape Planet" non-fungible tokens admitted to scheming to defraud customers with the NFTs in Brooklyn federal court Tuesday, prosecutors announced.

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IP Law 360

FEBRUARY 6, 2023

Non-fungible tokens have the potential to be valuable in a wide range of industries, but groups like the International Trademark Association and Creative Commons have told the U.S. government that the public's lack of understanding about what NFTs are and what rights they confer remain one of the key challenges in the space.

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JD Supra Law

FEBRUARY 17, 2022

Trademark filings in the metaverse and non-fungible tokens (NFTs) space are a hot topic these days in the media and IP Bar, and many brand owners are asking themselves whether it’s time to join in or risk being left behind.

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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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IP Watchdog

JUNE 30, 2022

The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse. There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech.

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Non-Fungible Tokens Trademark Litigation Designs 98

IP Law 360

NOVEMBER 7, 2023

The non-fungible token creator found liable for ripping off Hermes' Birkin bag told the Second Circuit that U.S. District Court Judge Jed Rakoff "wrongly focused on questions of intent" throughout his trial rather than whether the NFTs at the center of the case were protected free speech.

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