Croke Fairchild Morgan & Beres partners Cameron Robinson and Mike Frisch recently co-authored a blog post with Maddie Fosberg, a contributing author to CFMB client Decasonic. The piece, “Buying & Selling NFTs — What property and rights are you receiving,” discusses the tokenization of intellectual property through non-fungible tokens (NFTs) and what this means for intellectual property attorneys.
Several copyright cases and trademark disputes involving NFTs have made their way to the U.S. courts this year, making it more important than ever to establish a smart contract with both transparency and a clear understanding of the rights the buyer receives in the transaction, including intellectual property rights, if any.
Despite the technologically advanced nature of NFTs, the application of trademark law to NFTs continues to be applied in a relatively traditional fashion. The piece goes on to analyze recent court cases involving the application and impact of this approach.
With the rise of new technology and platforms, including Web3, NFTs, and the metaverse, practicing intellectual property attorneys in the digital age will need to be familiar with the mechanics of this evolving technology, its interaction with the law, and developments relating to its use to ensure adequate protection of their clients’ works and marks as the marketplace continues to evolve and expand.
Read the full post on Decasonic’s website here.