Although the market for NFTs has cooled off from its heyday several years ago, digital goods are still a hot commodity. This summer, the Ninth Circuit recognized that such goods are more than mere ephemera: they are “goods” under the Lanham Act to which trademark law applies.
The case, Yuga Labs v. Ripps, involved
Two years ago, we wrote about a cautionary tale in which a New York federal court allowed a complaint alleging that a popular set of NFT basketball cards were “securities” to survive dismissal, rejecting the argument that, even as alleged, these NFTs were merely “collectibles” (with defendants likening them to “Pokémon cards,” “rare coins,”
We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. But another emergent issue facing the NFT market is what, if any, application federal securities laws have on the offer and sale of NFTs. This issue
Famed director Quentin Tarantino and production company Miramax settled their infringement lawsuit over non-fungible tokens (“NFTs”) before the US District Court for the Central District of California could weigh in on the merits of the claims, leaving us with far more questions than answers when it comes to the development of intellectual property law around