News & Analysis as of

Artists Non-Fungible Tokens (NFTs)

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

Gray Reed

The Fine Print: IRS Examination of Artwork

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Many taxpayers have art collections. However, the art collections of some high-net-worth individuals, family offices, and business taxpayers may draw the unwanted eye of the IRS. With the increased focus on auditing...more

Morgan Lewis

Sports Sponsorship Agreements in the Digital Age

Morgan Lewis on

Technological advances and changes prompted by COVID-19 have driven an evolution in sports sponsorship agreements, from traditional advertising to a digital-heavy and more accessible sponsorship environment. But with those...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

Sheppard Mullin Richter & Hampton LLP

Takeaways from the Hermès Litigation over MetaBirkins NFTs

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners....more

Stark & Stark

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

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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

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

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

Arnall Golden Gregory LLP

The Pitch - December 2022

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

Morgan Lewis

The Interplay Between NFTs in the Metaverse

Morgan Lewis on

The metaverse and non-fungible tokens (NFTs) may come with a perception of being used solely for entertainment and frivolity, but the technologies are more than videogames and multi-million-dollar art pieces. Viewing the...more

Foster Garvey PC

Sports & Entertainment Spotlight: Tiger Woods and Rory McIlroy’s Tech-Infused Sports, Entertainment and Media Company TMRW Sports...

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Welcome back to the “Spotlight!” “I’m going to Disney World” is a hallowed (and trademarked) phrase in pop culture, uttered by MVPs of major sports championships, Olympians and even “American Idol” winners before an...more

Foster Garvey PC

Sports & Entertainment Spotlight: Norfolk State University’s Basketball Team Strikes a Name, Image and Likeness (NIL) Deal With a...

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Welcome back to the “Spotlight!” What a difference a week makes. Last week, I was gripped by the New York Yankees in the playoffs (a convenient excuse for writer’s block), and this week I am gripped with disappointment in yet...more

Foster Garvey PC

Sports & Entertainment Spotlight: Jay-Z Takes Bacardi to Court for Corporate Records Disclosure Regarding the Jointly Owned Cognac...

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Welcome back to the "Spotlight," and well…I am watching the New York Yankees in the American League Championship Series while writing this, so let’s just jump right into it: - Jay-Z is taking JV (Jay-V?) partner Bacardi...more

Dunlap Bennett & Ludwig PLLC

Brushstroke Envy: Why You Should Trademark your NFT

For digital artists hoping to capitalize on the NFT trend, obtaining trademark protection can be an invaluable tool for preserving the uniqueness and value of their artist name and NFT collection....more

Foster Garvey PC

Sports & Entertainment Spotlight: Major League Baseball Makes History, Becoming the First Major Professional Sports League to...

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Welcome back to the "Spotlight!" If you are just wakening up from last week’s snooze-fest of a Thursday Night Football game between the Denver Broncos and the Indianapolis Colts, you have come to the right place. Allow me to...more

Foster Garvey PC

Sports & Entertainment Spotlight: As Mid-Term Elections Approach, the New Congress Will Likely Take a Renewed Look at Federal...

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Welcome back to the "Spotlight!" If you’re like me, after having fasted all day Wednesday, you’re probably relieved to be diving back into your morning coffee, mid-morning snack, mid-mid-morning snack, lunch, afternoon snack...more

Foster Garvey PC

Sports & Entertainment Spotlight: Saudi Sovereign Wealth Fund-Backed LIV Golf is Forced to Buy Airtime From Fox Sports

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Welcome back to the "Spotlight!' In this crazy world, if there’s one thing that makes sense, it’s that nothing makes sense. LeBron James seems to have joined the same bandwagon as my parents and taken an interest in...more

Foster Garvey PC

Sports & Entertainment Spotlight: Cashback Rebate Company Ibotta Re-Ups its Jersey Sponsorship Deal With the New Orleans Pelicans

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Welcome back to the “Spotlight” and to the best season, Autumn (nine out of 10 dentists agree). The Sun is setting earlier and the mercury in our thermometers is falling. Ironically, majority owner of the NBA’s Phoenix Suns...more

Foster Garvey PC

Sports & Entertainment Spotlight: Jack Daniel’s and McLaren Racing Toast to an F1 Sponsorship Deal, Because Nothing Goes Together...

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Welcome back to the "Spotlight!" One of the many peculiarities of the English language is the phrase, “family business.” The phrase can refer to a business that is owned and/or operated by several family members. It can also...more

Foster Garvey PC

Sports & Entertainment Spotlight: Gatorade Rolls Out a New Sports Energy Drink Called “Fast Twitch,” With the Help of High-Profile...

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Welcome back to a pumpkin spice flavored edition of the "Spotlight." With the summer coming to an unofficial end, it’s time to put away your white clothing, dust off your flannels and settle into the crisp, cozy season that...more

Hogan Lovells

Virtual goods and NFTs – IP protection of digital assets in gaming, social media and the metaverse

Hogan Lovells on

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

Foster Garvey PC

Sports & Entertainment Spotlight: A Non-Fungible Token (NFT) Entitling the Bearer to a Beer With Bill Murray Fetched the...

Foster Garvey PC on

Welcome back to the "Spotlight!" After over two and a half years, COVID-19 has finally made its way past my doorstep and throughout my home. It’s Wednesday night and I am physically and emotionally drained, I feel like I...more

Foster Garvey PC

Sports & Entertainment Spotlight: Capitol Records Pulls the Plug on its Virtual Rapper FN Meka

Foster Garvey PC on

Welcome back to the "Spotlight!" As some of you may have noticed, smartphones are everywhere. They have the power to entertain insomniac authors (who shall remain nameless) suffering from writer’s block. They have the power...more

Foster Garvey PC

Sports & Entertainment Spotlight: Snack Company Rap Snacks Finds Itself in Hot Oil With Mattel Over the Use of the Name “Barbie”...

Foster Garvey PC on

Welcome back to the "Spotlight." Hard to believe we’re over halfway through August and that football season and fall (my favorite) is right around the corner, but that is looking more and more like an attractive proposition...more

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