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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JD Supra Law

JANUARY 16, 2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the U.S. District Court for the Southern District of New York. By: McNees Wallace & Nurick LLC

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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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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. A nine-member New York jury ordered Rothschild to pay Hermès $110,000 for infringing on the luxury brand’s trademark, and $23,000 for cybersquatting.

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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

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IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.

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JD Supra Law

MARCH 15, 2024

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

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JD Supra Law

FEBRUARY 15, 2023

Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should have all brand owners considering whether to secure new trademark registrations. By: Bodman

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IP Watchdog

JUNE 30, 2022

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. 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.

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JD Supra Law

FEBRUARY 14, 2023

Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens (NFTs) of METABIRKINS in the metaverse, thereby infringing and diluting Hermès’ BIRKIN mark that is used for luxury handbags.

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CoCal IP Law Institute

MAY 9, 2022

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

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JD Supra Law

FEBRUARY 14, 2023

Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). The case is a first-of-its-kind examination of trademark infringement in emerging. By: Hogan Lovells

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IP Watchdog

MARCH 15, 2024

Patent and Trademark Office (USPTO) and U.S. 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.

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JD Supra Law

JUNE 30, 2022

In order to legally own your non-fungible token (NFT) brand, you can and should consider federally registering the trademark on it. NFTs are inherently valuable given that they represent unique, irreplaceable digital assets. By: Cozen O'Connor

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JD Supra Law

JANUARY 12, 2023

The use of NFTs ("Non-fungible Tokens") can constitute a trademark infringement. The court emphasized that the scope of protection of a trademark also extended to goods that were not included in the Nice Classification, but closely related to the goods listed in the respective class for which a trademark was registered.

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SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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IP Watchdog

NOVEMBER 28, 2022

Patent and Trademark Office (USPTO) and the U.S. 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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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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JD Supra Law

FEBRUARY 13, 2023

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag.

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JD Supra Law

MAY 25, 2022

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. Mason Rothschild sheds new light on how courts might assess trademark rights in connection with NFTs and digital products. District Court for the Southern District of New York’s opinion in Hermès International, et al.

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IP Law 360

JANUARY 2, 2023

Copyright and trademark attorneys this year will be keeping an eye on intellectual property agencies' joint study on non-fungible tokens, developments involving artificial intelligence, as well as a Trademark Modernization Act provision that could speed up the trademark registration process.

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JD Supra Law

FEBRUARY 8, 2022

The curiosity, excitement, skepticism, and enthusiasm surrounding non-fungible tokens (“NFTs”) and the metaverse is at an all-time high! Patent and Trademark Office (“USPTO”). This week’s NFT Newsroom article discusses what a trademark is, and the rise of trademark applications.

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JD Supra Law

NOVEMBER 9, 2023

While there is no one-size-fits-all answer for brand owners on the new web3 frontier, there are steps companies can take to minimize risk posed by such newly emerging technologies as non-fungible tokens, interactive "metaverses," and augmented reality. By: Venable LLP

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Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

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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. Trademark rights can be even more confusing to navigate in the world of NFTs. What is a Non Fungible Token?

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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

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JD Supra Law

JULY 12, 2022

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common. By: Quarles & Brady LLP

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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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JD Supra Law

JULY 25, 2022

Can it be applied effectively in a world coming to grips with non-fungible tokens? The Lanham Act is seventy-six years old. A lawsuit involving the luxury brand Hermès gives us a glimpse into a skirmish that is very much of the moment. By: Sunstein LLP

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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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JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? 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.

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JD Supra Law

FEBRUARY 21, 2023

On Wednesday, February 8, 2023, a Manhattan federal jury issued a verdict finding Mason Rothschild, creator of a collection of non-fungible tokens (NFTs) called “MetaBirkins,” liable for infringing and diluting Hermès International’s BIRKIN trademarks for its iconic Birkin handbag and for unlawfully cybersquatting on the MetaBirkins.com domain name.

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JD Supra Law

DECEMBER 8, 2022

Patent and Trademark Office (USPTO) and the U.S. Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to non-fungible tokens (NFTs). On November 23, 2022, the U.S. By: Skadden, Arps, Slate, Meagher & Flom LLP

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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. As The Verge reported. By: AEON Law

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JD Supra Law

JANUARY 26, 2023

2022 was another big year for interesting trademark and copyright cases and developments. Over the past year there were cases involving a variety of important issues, including the First Amendment, fair use, non-fungible tokens (NFTs), extraterritorial rights of the Lanham Act, copyright registration errors, data scraping, and more.

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IP Law 360

JANUARY 2, 2024

District Judge Jed Rakoff has concluded that a Los Angeles speculator's non-fungible tokens appeared to be "valueless items," deciding he couldn't use them as collateral to cover a $133,000 jury verdict he lost to the Hermes brand in a trademark case.

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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”). In other words, this is more of a contractual issue than statutory issue in the US.

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