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ARTICLE · 15 MARCH 2022

Fictional And Non-Fungible: How NFTs Affect Intellectual Property Rights - Again

Minden Gross LLP
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In a previous article, we reported on the dispute between Hermès and Los Angeles artist Mason Rothschild over Rothschild's sale of MetaBirkins online.

CanadaIntellectual Property
Sepideh Nassabi
Sepideh Nassabi
Carol Liu
Carol Liu
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In a previous article, we reported on the dispute between Hermès and Los Angeles artist Mason Rothschild over Rothschild's sale of MetaBirkins online. Hermès had not authorized the use of its Birkin trademark. It's safe to say that the impact of non-fungible tokens (NFTs) is felt by intellectual property owners in every industry, from high fashion to film, from trademarks to copyrights.

On the docket about artist NFTs is a legal claim between Miramax and Quentin Tarantino. Miramax launched a lawsuit against Tarantino in November 2021, alleging that Tarantino committed breach of contract, copyright infringement, and trademark infringement in his proposed online auction of Pulp Fiction NFTs. This dispute has sparked much commentary and debate on the many yet-unanswered questions generated by the intersection of NFTs, intellectual property rights, and the interpretation of contracts.

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