NFT Litigation Raises New Trademark Questions

By Andrew Michaels (August 17, 2022, 2:52 PM EDT) — The recent explosion of non-fungible tokens has raised various intellectual property issues, resulting in a number of lawsuits currently in federal court. These lawsuits are already raising new issues in trademark law and presenting old but unresolved issues in a new light.

This article will examine some of these issues relating to likelihood of confusion in trademark law, in particular how the investigation of confusion interacts with the First Amendment and the first sale doctrine in the context of NFT.

Probability of Confusion and Branded NFTs: Yuga Labs v. Ryder Ripps

One of the central issues in trademark law is whether allegedly infringing items…

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