Trademarks, Intellectual Property Protection, Non-Fungible Tokens (NFTs)

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

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

Baker Donelson on 6/27/2024

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

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

Womble Bond Dickinson on 3/15/2024

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

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

Sheppard Mullin Richter & Hampton LLP on 3/13/2024

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”). While...more

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

Lippes Mathias LLP on 2/29/2024

If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

NFT Intellectual Property Considerations

Venable LLP on 12/8/2023

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

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

McDermott Will & Schulte on 12/6/2023

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

The Pitch - September 2023

Arnall Golden Gregory LLP on 9/29/2023

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

China Starts Registering Trademarks Filed for NFTs and Virtual Goods in the Metaverse

Quarles & Brady LLP on 9/21/2023

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and...more

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

Womble Bond Dickinson on 7/28/2023

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

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

Fox Rothschild LLP on 6/7/2023

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

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

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

American Conference Institute (ACI) on 5/3/2023

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

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

Katten Muchin Rosenman LLP on 4/26/2023

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

Do you really intend to offer NFTs, digital collectibles, and virtual goods? If not, no trademark.

Katten Muchin Rosenman LLP on 4/21/2023

Editor's Note: This article is the second in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. The NFT explosion has led to a “gold rush” of thousands of new U.S. trademark...more

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

Dinsmore & Shohl LLP on 3/31/2023

Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

The Briefing by the IP Law Blog: Did the Court Bag the MetaBirkin Case?

Weintraub Tobin on 3/3/2023

The jury hearing Hermes v. Rothschild found the artist’s ‘MetaBirkin’ NFTs constitutes trademark infringement and trademark dilution. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the...more

The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress

Stark & Stark on 2/23/2023

In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”)...more

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

McDermott Will & Schulte on 2/20/2023

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

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

First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark...

Bodman on 2/15/2023

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...more

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