NFTs: Collectibles or Securities? Navigating the Digital Asset Frontier

By: Charlotte Golnik The non-fungible token (“NFT”) market is expanding and expected to reach $231.98 billion by 2030.  NFTs traded on platforms like OpenSea are unique digital assets with monetary value that represent real-world objects.  Unlike fungible cryptocurrencies, NFTs are non-fungible and cannot be replicated, thanks to digital signatures and smart contracts that secure ownership… Read More NFTs: Collectibles or Securities? Navigating the Digital Asset Frontier

Birkins vs. MetaBirkins: Trademark Infringement in the Digital Sphere

By: Lily Keene Non-fungible tokens (“NFTs”) are assets that have been tokenized through a blockchain and cannot be replicated.  The tokens are distinguished from each other by unique identification codes and metadata.  They represent digital or real-world items like artwork and real estate.  NFTs can be traded and exchanged for money, cryptocurrencies, or other NFTs.… Read More Birkins vs. MetaBirkins: Trademark Infringement in the Digital Sphere

Sneaker Wars: New World Advertising or Old School Trademark Infringement

By: Annabelle Hentz Industry giant and household name Nike, Inc. has filed a lawsuit against online sneaker retailer StockX in the U.S. District Court for the Southern District of New York.  Nike is claiming trademark infringement and unfair competition based upon the unauthorized use of the Nike mark in StockX’s Vault Non-Fungible Token (“NFT”) Collection.  NFTs… Read More Sneaker Wars: New World Advertising or Old School Trademark Infringement

Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

This blog discusses non-fungible tokens (NFTs) which are a type of digital collectible. Some NFTs are abstract – they are often a purchasable, conceptual representation of something else (such as a Tweet, real estate, etc.); but their value lies in ownership – while circulation of the subject matter is still available to the public, the owner of the NFT is essentially the recipient of a digitally-authenticated note. In addition to presenting the complexities of NFTs in a more digestible manner, this blog explains the legal implications of their flourishing role in the world of crypto-digital assets, specifically in the context of intellectual property and securities law. … Read More Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law