JD Supra Law

DECEMBER 8, 2022

On November 23, 2022, the US Patent & Trademark Office and the US Copyright Office announced that they are seeking public input on intellectual property (IP) considerations related to non-fungible tokens (NFTs). By: McDermott Will & Emery

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Intellectual Property IP 52

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.)

Non-Fungible Tokens 130

Non-Fungible Tokens Publishing Trademark IP 130

JD Supra Law

APRIL 13, 2022

Introduction - THE METAVERSE: A GENERAL OVERVIEW - Although it may seem that the Metaverse is a new catchphrase, which is further emphasised and made more popular in the technology space with the rebranding of Facebook as Meta, the original version of the Metaverse was created as far back as 2003 by Philip Rosedale and was called “Second Life”1 , a (..)

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Technology 98

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. Hugh provided an overview of trade mark protection for non-fungible tokens (NFTs). clothing authenticated by non-fungible tokens [NFTs] in class 25).

Non-Fungible Tokens 62

Non-Fungible Tokens Reporting IP Law 62

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). District Court for the Southern District of New York.

Non-Fungible Tokens 103

Non-Fungible Tokens Trademark Law Intellectual Property Law Trademark 103

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.

Non-Fungible Tokens 104

Non-Fungible Tokens Artwork Designs Design 104

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

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Copyright Infringement Contracts 52

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

Non-Fungible Tokens 126

Non-Fungible Tokens Reporting IP Intellectual Property 126

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.

Non-Fungible Tokens 126

Non-Fungible Tokens Registering Trademarks Trademark Intellectual Property 126

JD Supra Law

NOVEMBER 14, 2023

million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. By: AEON Law A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 Plaintiff Yuga Labs, Inc.

Non-Fungible Tokens 129

Non-Fungible Tokens Copying Art Patent 129

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?

Non-Fungible Tokens 40

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.

Non-Fungible Tokens 105

Non-Fungible Tokens Artwork Designs Design 105

JD Supra Law

FEBRUARY 20, 2024

Enter the metaverse: an online virtual world where users can interact with each other and digital objects including Non-Fungible Tokens (NFTs). Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness.

Non-Fungible Tokens 117

Non-Fungible Tokens Branding Brands Branding 117

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

Non-Fungible Tokens 80

Non-Fungible Tokens Publishing Copyright Intellectual Property 80

JD Supra Law

APRIL 27, 2023

On January 26, 2023, the US Patent and Trademark Office (USPTO) conducted a public roundtable, during which various attorneys and industry experts discussed their thoughts on the intersection of patent law with non-fungible tokens (NFTs). By: ArentFox Schiff

Non-Fungible Tokens 98

Non-Fungible Tokens Patent Patent Law Trademark 98

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

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Intellectual Property Law Copyright 98

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? What is a Non Fungible Token?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Trademark Intellectual Property Law Intellectual Property 98

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

Non-Fungible Tokens 103

Non-Fungible Tokens Patent Law Law Intellectual Property 103

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.

Non-Fungible Tokens 75

Non-Fungible Tokens Art 75

JD Supra Law

SEPTEMBER 27, 2022

In yet another example of the law trying to keep up with technology, the U.S. Mason Rothschild that examines traditional trademark concepts in connection with non-fungible tokens, or “NFTs.”. District Court for the Southern District of New York issued a decision in Hermès International, et al. By: Stinson LLP

Non-Fungible Tokens 103

Non-Fungible Tokens Branding Brands Branding 103

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.

Non-Fungible Tokens 75

Non-Fungible Tokens 75

JD Supra Law

JUNE 20, 2022

Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. By: AEON Law As The Verge reported.

Non-Fungible Tokens 98

Non-Fungible Tokens Reporting Marketing Marketing 98

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. Carolyn, with the large sums of money.

Non-Fungible Tokens 103

Non-Fungible Tokens Ownership Social Media IP 103

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Copyright 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. By: AEON Law collectively, “Hermes”).

Non-Fungible Tokens 117

Non-Fungible Tokens Artistic Work IP Patent 117

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.

Non-Fungible Tokens 80

Non-Fungible Tokens 80

JD Supra Law

DECEMBER 10, 2021

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

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Art Marketing 98

JD Supra Law

APRIL 21, 2022

Introduction to NFTs- Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public awareness. By: Braumiller Law Group, PLLC People often hear about NFTs through collectible projects like Bored Ape Yacht Club, CryptoPunks, and World of Women.

Non-Fungible Tokens 111

Non-Fungible Tokens Law 111

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.

Non-Fungible Tokens 73

Non-Fungible Tokens 73

IP Watchdog

JULY 2, 2022

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law?

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Copyright Copyright Law 111

JD Supra Law

FEBRUARY 14, 2023

In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks. By: Jones Day

Non-Fungible Tokens 97

Non-Fungible Tokens Trademark 97

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? Not too long ago the EUIPO also issued its own guidance on Virtual goods, non-fungible tokens and the metaverse (Katpost here ).

Non-Fungible Tokens 145

Non-Fungible Tokens Advertising Advertising Registration 145

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Intellectual Property Patent 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.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Branding Brands 98

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

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.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130