News & Analysis as of

Digital Assets Intellectual Property Protection Trademarks

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

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Katten Muchin Rosenman LLP

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

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

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

Bodman

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

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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

Shutts & Bowen LLP

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

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Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the...more

Jones Day

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

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In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

Polsinelli

Jury Sides with Hermès in Pivotal NFT Trademark Case

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On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more

Hogan Lovells

“MetaBirkins” are not workin’ - Hermès wins jury trial in NFT trademark infringement brawl

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Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT...more

Nelson Mullins Riley & Scarborough LLP

NFTs Found to Infringe Hermès Trademark

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...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

Pillsbury - Internet & Social Media Law Blog

Hermès’ Trademark Tussle: The Birkin and MetaBirkin Dispute

Hermès is a luxury fashion brand famously known for its iconic Birkin handbag. Since 1986, Hermès has sold over $1 billion worth of these handbags in the United States, including over $100 million worth in the past 10 years....more

Miller Nash LLP

Jury Delivers Verdict in Closely Watched Trademark/NFT Case

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A jury verdict Wednesday morning in a closely watched dispute between an iconic fashion house and a creator and seller of NFTs is a dramatic new development in the ongoing dialogue over the question “What is an expressive...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.

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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

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

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There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Kilpatrick

5 Key Takeaways - NFTs Demystified: Where We Are and Where We’re Going

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Kilpatrick Townsend’s Rob Potter recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “NFTs Demystified: Where We Are and Where We’re Going.” As Non-Fungible Tokens (NFTs) become less a...more

Stinson LLP

Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

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In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines...more

Morgan Lewis

Metaverse: A Jumpstart Guide to Intellectual Property, Antitrust, and International Considerations

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The term “metaverse” first appeared in Neal Stephenson’s dystopian novel Snow Crash in 1992. Two decades later, the metaverse has evolved from a concept in print into an interactive and immersive reality. Its hyper-realistic...more

ArentFox Schiff

The Metaverse: A Legal Primer for the Nonprofit Sector

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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

Quarles & Brady LLP

A Trademark Guide to the Metaverse for Averse Brand Owners

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Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common....more

AEON Law

Patent Poetry: Nike Sues Platform over NFTs

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Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. As The Verge reported...more

Kilpatrick

5 KEY TAKEAWAYS - A Comprehensive Guide on Non-Fungible Tokens (NFTs): Managing Potentials and Perils

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Kilpatrick Townsend’s Rob Potter and Sarah Anderson recently participated in a panel of thought leaders to discuss the recent trends and significant challenges surrounding NFTs and the associated legal landscape, including...more

Pillsbury - Internet & Social Media Law Blog

Best Practices and Brand Exclusives: NFTs and Community Building in the Metaverse

We’ve written extensively on the still somewhat recent arrival of non-fungible tokens (NFTs) as both a potential revenue stream, caveat-filled investment destination and pop culture marker of the moment. Back in 2018, we...more

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