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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

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

Venable LLP on

​​​​​​​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

HaystackID on

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

Perkins Coie on

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

ArentFox Schiff

The Metaverse: A Legal Primer for the Nonprofit Sector

ArentFox Schiff on

The Metaverse is widely regarded as the next frontier in digital commerce, with organizations spending millions of dollars securing a presence by buying digital real estate and investing in platforms to be market leaders....more

Venable LLP

IP, Blockchain, and Digital Assets

Venable LLP on

In 2008, a still-unknown person or group going by the alias Satoshi Nakamoto introduced blockchain technology and the first cryptocurrency to the world. In 2020, the cryptocurrency market was valued at $1.49 billion. And, in...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Brownstein Hyatt Farber Schreck

NFTs: Gateway to Financial Independence or Litigation Risk?

NFTs—or “nonfungible tokens”—are everywhere. What was once seen as a collectors’ item for crypto geeks and LeBron James TopShop fanatics is now gaining popularity with a much wider audience. Take the recent example of the...more

Morgan Lewis

NFTs: What's in Store for 2022?

Morgan Lewis on

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique...more

Dorsey & Whitney LLP

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

Dorsey & Whitney LLP on

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

Foster Garvey PC on

“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2019: Blockchain-Based Names: New Frontier for Brands (and Squatters)

Blockchain technology has garnered attention from various sectors over the past ten years, much of it due to the rise of Bitcoin and other cryptocurrencies. Cryptocurrencies have gained popularity and notoriety for their...more

Burr & Forman

Southern District of New York Enjoins AlibabaCoin from Using Alibaba Trademark

Burr & Forman on

On October 22, 2018, the United States District Court for the Southern District of New York granted Chinese e-commerce company Alibaba’s application for a preliminary injunction against cryptocurrency startup Alibabacoin...more

Jaburg Wilk

What’s in a Name? Trademark Strength in the Blockchain Space

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Following the recent investment frenzy in crypto-currencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

Fenwick & West LLP on

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Orrick - Trade Secrets Group

Blockchain: Not Just A Platform For Cryptocurrency But A Potential Method For Protecting Trade Secrets And Other IP

Cryptocurrency has dominated the attention of the financial world for most of the past 12 months as Bitcoin’s value (as well as other cryptocurrencies’) soared over 1,500% in 2017 (though it has experienced some recent...more

Hogan Lovells

Europe: Blockchain – Practical and legal challenges

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The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of...more

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