“While the sale of NFTs wouldn’t appear to threaten the trademark rights of an IP owner, more and more individuals and entities dabbling in digital assets are seeking trademark registration in an effort to protect their brands in the digital world.”
Blockchain technology has brought the world a collection of cutting-edge investment opportunities, non-fungible tokens (NFTs) among them. And with the advent of these unique digital assets, comes an entirely novel product segment subject to intellectual property law.
For months now, the media has covered stories about NFTs selling for obscene prices. But behind these headlines—and given the onslaught of NFTs that continue to flood the market—are questions regarding trademark and copyright issues raised by these non-interchangeable units of data.
Not Your Father’s Trademark
While blockchain technology brings trademark considerations into the 21st century, at the end of the day, a trademark is a trademark regardless of its application. Nonetheless, trademark protection and infringement issues associated with NFTs…