News & Analysis as of

Fair Use Non-Fungible Tokens (NFTs)

Lippes Mathias LLP

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

Lippes Mathias LLP on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

AEON Law

Patent Poetry: Court Awards $1.6 Million in Damages in “Bored Ape” Case

AEON Law on

A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. Plaintiff Yuga Labs, Inc. is the creator of one...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

Latham & Watkins LLP on

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

ArentFox Schiff

Battle of the (Meta) Birkin: Summary Judgment Showdown Shutdown – Hermès v. Rothschild Set for Trial

ArentFox Schiff on

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more

ArentFox Schiff

New/Old Threats to IP in the Metaverse

ArentFox Schiff on

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

Pillsbury - Internet & Social Media Law Blog

Ripps, Slapps and Apes: Yuga Labs v. Ripps, et. al. Moves Forward

You have probably heard of Bored Ape Yacht Club, a collection of non-fungible tokens (NFTs) created by Yuga Labs. These NFTs are owned by A-list celebrities and exploded in popularity in 2021. Currently, Bored Ape Yacht Club...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Fox Rothschild LLP

Protecting Your IP in the Metaverse

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“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes to protecting intellectual...more

Venable LLP

Nike StockX Battle Heats Up

Venable LLP on

A couple of weeks ago, we wrote an article concerning Nike's lawsuit against StockX. The original complaint primarily concerned StockX's nascent NFT program and Vault NFT offerings, alleging that the StockX NFTs featuring...more

Venable LLP

Digital Good v. Digital Receipt: The Dispute Over StockX's Use of Nike Trademarks in NFTs

Venable LLP on

In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more

Bracewell LLP

Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split

Bracewell LLP on

The U.S. Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022: Does NFT Appropriation Art Appropriate Trademark Rights?

On January 14, 2022, Hermès International and Hermès of Paris, Inc. (“Hermès”) sued digital artist Mason Rothschild in the Southern District of New York for creating and selling “MetaBirkins,” a collection of NFTs tied to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis...more

BakerHostetler

Monitoring IP Developments in 2022

BakerHostetler on

In addition to another year of the pandemic, 2021 brought with it several key developments in the realm of intellectual property (IP) that BakerHostetler has covered in this blog series. We hope readers have found these posts...more

Morgan Lewis

Nonfungible Tokens and Copyright: Diligence Issues to Consider

Morgan Lewis on

Nonfungible tokens (NFTs) are the latest cryptocurrency craze. These one-of-a-kind-collectibles have dramatically risen in popularity and have penetrated mainstream marketplaces. Since NFTs are often associated with images,...more

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