Since 2021, we have seen the rise and rise of NFTs (non-fungible
tokens). The NFT boom has been powered by the sale of NFT artwork,
the first-ever tweet on Twitter and even popular memes, which have
all fetched a pretty penny.
The hype following the minting and sale of some NFTs has also
brought into question the rights of NFT owners versus the rights of
brand owners and copyright holders, whose underlying intellectual
property, it seems, may have been filched in the creative or frugal
pursuits of others. Courts have been tasked with considering
whether NFTs relating to a rap album, uncut movie scenes, images of
branded bags and virtual and physical sneakers constitute an
infringement of intellectual property rights, amongst other legal
violations. In the legal fraternity it has even been said that
these cases will determine the future of NFTs. Interestingly, these
cases may well still be decided on the fundamental principles of
trade mark and copyright infringement.