Analysis

NFT Suits May Blaze New Trail For Trademark Law

By Britain Eakin (April 6, 2022, 12:01 PM EDT) -- New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods.

With the increasing popularity of NFTs, unique digital assets that are stored on a blockchain and can be bought and sold, a spate of intellectual property suits has followed. These cases are expected to further define what NFTs are exactly and could test whether trademark protection extends into the metaverse, some attorneys say.

Of those newly filed suits, Nike brought an action...

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