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Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In…
Nike v. StockX LLC, alleging trademark infringement in connection with StockX’s issuance of NFTs featuring Nike sneakers. The plaintiff has a valid mark, and that the defendant is using that mark or a similar mark in a manner that is likely to cause consumer confusion.
At some point, even the dimmest of lawyers will understand that parody and fair use are not infringement. There may be all sorts of...