NFT and Intellectual Property Intersection: Licensing, Monitoring, Enforcement Strategies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Thursday, December 28, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide IP counsel on non-fungible tokens (NFTs) and the intersection with IP. The panel will discuss the current lay of the land and examine IP protection, licensing, and enforcement strategies. The panel will also discuss the growing number of lawsuits related to NFTs and offer practical advice for avoiding the mistakes made that led to these lawsuits.
Faculty

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products. Clients--including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes--regularly turn to Ms. McGinn for trademark counseling services. In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. Ms. McGinn also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. As a thought leader in her industry, she frequently speaks at events and conferences. Ms. McGinn also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.

Mr. Brooke handles matters ranging from serving as litigation counsel in major intellectual property disputes across the globe, to initial counseling and trademark selection, copyright and trademark registration around the world, licensing, and technology transfers. Related matters include drafting and interpreting agreements regarding ownership and use of names, images, photographs, software, trade secrets, music, and other IP. Mr. Brooke ranks among the most prolific filers of U.S. trademark applications and has strong relationships within the USPTO. He currently serves on the INTA's Internet Committee, working to craft worldwide policy on domain name abuse. Mr. Brooke previously served as chair of the INTA's U.S. Legislation Committee, where he helped craft the Federal Anticybersquatting Piracy Act and the Federal Trademark Dilution Act.
Description
Everything is being tokenized these days. An NFT represents ownership of a digital asset, which is recorded on a blockchain. The NFT market has exploded and has gotten record prices including $69 million for a piece of digital art. While NFTs have presented opportunities for IP owners, they have also resulted in potential problems and a growing number of lawsuits.
NFTs create another avenue for IP owners to monetize their IP. NFTs can represent almost any real or intangible property, including music, virtual items in video games, collectibles, tweets, news articles, or even real estate. Many brand owners are looking to cash in on this phenomenon by licensing their IP for use in NFTs.
As brand owners venture into NFT creation or licensing and due to the unique issues with NFTs, IP owners should reexamine their strategies for both protecting and licensing their IP. They also need to be aware of some of the unique aspects of NFTs and blockchain technology to maximize revenue, protect their brand, and avoid liability.
Listen as our panel examines the intersection between NFTs and IP. The panel will discuss the current lay of the land for NFTs, examine licensing issues and strategies, and discuss liability avoidance. The panel will also discuss best practices for monitoring for and addressing infringement.
Outline
- Overview of NFTs and current trends
- Overview of NFT litigation
- The intersection of NFTs and IP
- IP protection strategies for NFTs
- IP infringement monitoring and enforcement challenges and strategies
- Licensing of IP for NFTs
- Key issues
- Strategies
- Significance of terms of service and other legal issues
Benefits
The panel will review these and other key issues:
- What are the opportunities and risks associated with NFTs?
- As the IP owner, what factors should be considered when determining whether to create an NFT?
- What steps should IP owners and their counsel take if their IP has been infringed in an NFT?
- Practical advice and lessons to be learned from the growing number of NFT-related lawsuits
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