Intellectual Property Protection, Trademark Infringement, Blockchain

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

Baker Donelson on 8/15/2025

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

Bored Apes Scores Win in Protecting Its Trademarks

Latham & Watkins LLP on 5/19/2023

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

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

Skadden, Arps, Slate, Meagher & Flom LLP on 2/17/2023

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

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

White & Case LLP on 2/13/2023

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

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on 2/10/2023

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

New/Old Threats to IP in the Metaverse

ArentFox Schiff on 1/19/2023

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

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

Holland & Knight LLP on 1/16/2023

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

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

Hogan Lovells on 1/12/2023

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). The court...more

Intellectual Property Enforcement in the Metaverse, Part 1

Holland & Knight LLP on 10/10/2022

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

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

Proskauer - Blockchain and the Law on 4/12/2022

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

Podcast - The Briefing from the IP Law Blog: Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp...

Weintraub Tobin on 12/16/2021

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between Miramax and Quentin Tarantino, over his efforts to sell “Pulp Fiction” themed NFT’s. ...more

Intellectual Property Protection › Trademark Infringement › Blockchain