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ARTICLE · 18 MAY 2022

NFTs: U.S., EU, And UK Key Trademark Considerations

Jones Day
Jones Day
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Jones Day

Jones Day

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The current non-fungible token ("NFT") market presents exciting new opportunities as well as important considerations for trademark owners, including where digital creators mint NFTs that...

GlobalIntellectual Property
Edouard Fortunet
Edouard Fortunet
Carrie Kiedrowski
Carrie Kiedrowski
Carl Kukkonen III
Carl Kukkonen III
Mark W. Rasmussen
Mark W. Rasmussen
Rebecca Swindells
Rebecca Swindells
Joe Melnik
Joe Melnik
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In Short

The Situation: The current non-fungible token ("NFT") market presents exciting new opportunities as well as important considerations for trademark owners, including where digital creators mint NFTs that copy "real-world" trademarked brands. In this second of two Jones Day Commentaries exploring the interaction of IP with NFTs, the focus is trademarks.

The Result: Trademark holders, sellers, and prospective buyers need to be aware of potential trademark and brand risks associated with the current NFT market, and owners may also wish to consider whether to collaborate with NFT creators to assert control over or enhance their brands.

Looking Ahead: The current U.S., EU, and UK law relating to trademarks will need to be tested in court to establish how existing laws will apply in this new context.

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