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February 3rd, 2023
Trademark Lawsuits from Hermès and Yuga Labs Could Shape the Future of NFTs
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Trademark Lawsuits from Hermès and Bored Ape Yacht Club Could Shape the Future of NFTs” published by Observer. The article discusses two trademark trials that are set to define what can be classified as artwork or assets. Hermès is suing digital artist Mathon Rothschild over his collection of 100 digitally depicted Birkin handbags as NFTs. Yuga Labs is suing artist Ryder Ripps, who created his own collection of Bored Ape NFTs. Jeremy says a central question at the heart of these cases is whether NFTs are assets or works of art. He is quoted saying, “Are they more like merchandise or a product, or more like art? Where NFTs fall on that spectrum is an open question and will depend on the NFT, but also could help define what NFTs are.”
Jeremy notes, “If defined as artwork, NFTs would be granted much more leeway when it comes to trademark infringement.” He said that it’s more likely that Ripp’s defense in the Yuga Labs case will focus on the argument that his collection didn’t cause consumer confusion and was different enough from the Bored Ape NFTs to not compete with them. In conclusion Jeremy says, a decision for Rothschild or Ripps could see digital artists feeling more emboldened to use appropriation in their work and push the envelope, with companies being more conservative in moving to protect their rights.
Read the full article here.
Other Quoted
Fifty-Three Regulators Raise Cyber Expectations with Multi-State Breach Settlement
Cybersecurity Law Report quotes Rick Borden in an article reporting multiple financial regulatory agencies fined Bayview Asset Management and its affiliates $20 million for deficient cybersecurity practices. The regulators chastised the mortgage company for failing to cooperate in investigations following a data breach involving 5.8 million customers. Mr. Borden noted, “regulatory bodies are coming to a consensus that increasing the requirements around cyber are reasonable for these regulated entities.” The article discusses multi-state enforcement trends, offering practical pointers. View article (available through trial or paid subscription).
January 22 2025
Pay Attention to the Delete Act (Even If You Don’t Think You’re A Data Broker)
AdExchanger quotes Daniel M. Goldberg in an article on California’s Delete Act, noting data brokers are required to register by January 31. He explains the definition of data broker extends to any company that collects and sells personal data about consumers, which includes companies using third-party data for targeted advertising. Mr Goldberg also anticipates more enforcement in 2025. View Article
January 21 2025
Understanding Interactive Entertainment
Games Industry Law Summit quotes S. Gregory Boyd and Sean F. Kane on two decades shaping video game law. The discussion covers key insights on industry evolution and emerging legal challenges. View Article
December 30 2024
