NFT Trademarks: DOs And DON'Ts

As the NFT ("non-fungible token") industry continues to flourish (passing $40 billion in value in 2021) an increasing variety of individuals and companies are looking for ways to profit off the excitement. Some seek to benefit from the success of existing NFTs by minting imitations or parodies of such NFTs. Others have decided to mint NFTs as an additional way to earn revenue from their existing intellectual property (e.g., trademarks). To protect their NFTs and brands from exploitation, it is a good idea for minters to register their NFT trademarks with the United States Patent and Trademark Office ("USPTO"). New minters need to become familiar with federal trademark law and associated trademark rights in order to protect themselves from accusations of trademark infringement.