Non-Fungible Tokens (NFTs)

Interest in non-fungible tokens, or “NFTs,” as vehicles for conducting IP-related transactions has exploded over the past year. While NFTs have been touted as offering the possibility of “frictionless” transactions, the sale and purchase of NFTs involves traditional IP rights subject to traditional legal IP principles, including copyright, trademark, and rights of publicity. The clash between NFTs and traditional IP rights has been illustrated by recent high-profile lawsuits involving NFTs for virtual Birkin bags and Nike shoes. 

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