News & Analysis as of

Non-Fungible Tokens (NFTs) Copyright

McDermott Will & Schulte

It’s not monkey business: NFTs can be trademarked

The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #2

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Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024

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Ohio Attorney General Dave Yost’s office asked a federal judge on Thursday to intervene in a lawsuit filed by the Cleveland Browns to test the “Modell Law,” a state law designed to stop teams from leaving cities that...more

Arnall Golden Gregory LLP

The Pitch - August 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...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

WilmerHale

PTAB/USPTO Update - April 2024

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On March 8, the USPTO joined other intellectual property offices in celebrating International Women’s Day with a theme of “Invest in Women: Accelerate Progress.”...more

BakerHostetler

Weekly Blockchain Blog - March 2024 #3

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Financial Firms Complete Blockchain Pilot, UK Approves Crypto ETNs - A recent press release announced completion of the Canton Network pilot, “a first-of-its-kind program demonstrating the interoperability of twenty-two...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

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

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...more

Faegre Drinker Biddle & Reath LLP

New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse

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. Enter the metaverse: an online virtual world where users can interact with each...more

Venable LLP

Future-Proofing: The Top Five Things to Know Before Launching a Digital Brand, Product, or Service

Venable LLP on

New and emerging digital economies have created a unique set of challenges for today’s entrepreneurs, particularly when it comes to the early stages of brand development and brand launch strategy. From protecting your...more

Venable LLP

NFT Intellectual Property Considerations

Venable LLP on

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

McDermott Will & Schulte

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Arnall Golden Gregory LLP

The Pitch - September 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Paul Hastings LLP

Public Company Watch: September 2023

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In the September edition of our Public Company Watch, we cover key issues impacting public companies, including the SEC’s new C&DIs and sample comment letter; considerations for issuers as they start their Form 10-Q...more

Womble Bond Dickinson

The IP of Everything Podcast - Episode 16 - The IP of the Metaverse

Womble Bond Dickinson on

Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology....more

Fox Rothschild LLP

The Role Of NFTS In The Metaverse:Litigating Nft Disputes – Part II

Fox Rothschild LLP on

In our first part, we discussed the technological foundations of NFTs. Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark...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

Katten Muchin Rosenman LLP

Bored Ape Yacht Club NFT Drama Isn’t Boring At All

Editor's Note: This article is the third in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. NFTs are a new medium that embodies traditional forms of intellectual property,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Legal Concerns of Real Estate in the Metaverse: Navigating the Virtual Frontier

The concept of the metaverse, a virtual world where users interact with digital environments and each other in immersive ways, has gained significant attention in recent years. With advancements in virtual reality (VR) and...more

Holland & Knight LLP

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

Holland & Knight LLP on

Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...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

K&L Gates LLP

Solving Failures in NFT Licensing

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As blockchain and nonfungible tokens (NFTs) are still new technologies, their legal infrastructure is still developing, creating potential vulnerabilities. Three such vulnerabilities in the NFT space were exposed in our...more

Arnall Golden Gregory LLP

The Pitch - February 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...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

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