News & Analysis as of

Blockchain Trademarks

Baker Donelson

Bored Apes – Intangible "Goods" Pave the Way for Trademark Protection of NFTs

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In a recent decision establishing important precedent for trademark rights associated with digital assets, the Court of Appeals in Yuga Labs, Inc. v. Ripps, Case No. 24-879, 2025 WL 2056060 (9th Cir. July 23, 2025), clarified...more

Troutman Pepper Locke

Benefits and Considerations of Protecting Your IP With Blockchain Technology

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Blockchain technology is an emerging solution for high-security intellectual property (IP) asset management and recordkeeping. The blockchain records transactions and tracks assets within a business network as a shared,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Trump, Crypto and a New Era for IP Protection

The cryptocurrency industry is undergoing a transformative period as the Trump administration adopts a more structured and proactive regulatory approach to digital assets such as Bitcoin. This evolving legal framework not...more

Baker Donelson

Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

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Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space....more

Womble Bond Dickinson

The IP of NFTs - USPTO and U.S. Copyright Office Publish Joint Study Results

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The U.S. 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. ...more

Venable LLP

NFT Intellectual Property Considerations

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

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In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

American Conference Institute (ACI)

[Event] 3rd Annual Summit on Women Leaders in IP Law - June 6th - 7th, Washington, DC

American Conference Institute’s 3rd Annual Summit on Women Leaders in IP Law returns for another exciting year with curated content showcasing powerful women in intellectual property. During this IP-focused conference, women...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2023

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The fashion industry has experienced another year of continued change driven by consumer trends, innovation in technology, geopolitical and public health issues, and legal developments, and we don’t anticipate that stopping...more

McDonnell Boehnen Hulbert & Berghoff LLP

Five Reasons Bitcoin and Cryptocurrency Startups Should Prioritize IP

Despite recent headlines that have proclaimed “The End of Crypto” in view of large-scale failures at cryptocurrency companies like FTX, Celsius, and Blockfi, innovation in the space continues at an accelerating pace. Startups...more

McDermott Will & Schulte

2023 IP Outlook: The Impact of the Metaverse and NFTs on IP Protections

In 2023, we believe that intellectual property issues in relation to the metaverse, blockchain technologies and crypto assets will continue to be an important focus for brand owners and for businesses entering or expanding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Jury Finds That ‘MetaBirkin’ NFTs Infringed Hèrmes’ Trademark Rights

At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs — digital images of blurry faux fur-covered handbags inspired by...more

White & Case LLP

Infringement is still infringement, even in the metaverse: New York jury finds “MetaBirkin” infringing, not protected artistic...

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A nine-person jury in the Southern District of New York has found that "MetaBirkin" NFTs violate Hermès International SA's rights in its "Birkin" trademarks. This is the first trial to consider the intersection of NFTs and...more

Morrison & Foerster LLP

Hermès Successfully Defends its Trademark in the Metaverse

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

ArentFox Schiff

New/Old Threats to IP in the Metaverse

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The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more

Holland & Knight LLP

Courts Offer More Guidance on Enforcing Rights to Brands and Images Used with NFTs

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Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to...more

Hogan Lovells

Trademark infringement through NFTs - Intellectual property enforcement in the virtual world.

Hogan Lovells on

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). The court...more

Hogan Lovells

Markenrechtsverletzungen durch NFTs - Schutz des geistigen Eigentums in einer virtuellen Zukunft

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Durch die Nutzung von NFTs ("non-fungible tokens") können Markenrechte verletzt werden. Dies hat kürzlich die Kammer für geistiges Eigentum des Gerichts erster Instanz in Rom entschieden (Tribunale di Roma, Entscheidung v....more

McGlinchey Stafford

Our Top 8 Most Popular Insights of 2022

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As 2022 draws to a close, what better time to revisit our most popular insights of the last year and see what topics have engaged our client industries? Our attorneys work hard to stay on the cutting edge of industry...more

Holland & Knight LLP

Intellectual Property Enforcement in the Metaverse, Part 1

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For creators who seek to protect their intellectual property (IP), the idea of enforcing intellectual property rights in the metaverse may initially appear to be daunting. After all, given the metaverse's association with...more

Venable LLP

Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual...

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​​​​​​​As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change...more

Hogan Lovells

Virtual goods and NFTs – IP protection of digital assets in gaming, social media and the metaverse

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Digital assets and NFTs being all the rage, the European Union Intellectual Property Office (EUIPO) is increasingly receiving trademark applications covering virtual goods and NFTs, the regulatory classification of which is...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

HaystackID

[EDRM Webcast Transcript] Considerations and Challenges for Blockchain, Cryptocurrency and NFT Investigations

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Editor’s Note: On August 17, 2022, The Electronic Discovery Reference Model (EDRM) under the leadership of Mary Mack and Kaylee Walstad, hosted HaystackID as we collectively shared an educational webcast developed to...more

Perkins Coie

Sustainability Trends and IP Issues for Fashion Brands

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The fashion industry is one of the most polluting industries in the world and is responsible for roughly 10% of global greenhouse gas emissions. There are many contributing factors to this problem, including pollution from...more

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