Under NiFTy Light: Trademark Considerations for the New Digital World

Three cases involving non-fungible tokens are grabbing the attention of fashionistas, intellectual property mavens, and metaverse cognoscenti alike. All three are cases of first impression, despite involving trademark infringement claims. All are considered to be cases that will determine whether old trademark principles apply to new technology, and each has compelling and competing arguments that may militate against findings of infringement. While most commentators have focused on the questions surrounding alleged infringement, very few have discussed the challenges of applying remedies, such as injunctions, traditionally used in trademark infringement cases. This article considers trademark law and examines it in a new light—that of NFTs and the challenges this new digital world presents trademark owners. The first part of the article offers a quick primer on non-fungible tokens (NFTs), while the second part discusses three cases currently in litigation, Yuga Labs v. Ripps, Nike v. StockX, and Hermès v. Rothschild. The third part highlights issued court opinions in two of those cases and focuses on the arguments presented by the parties in Yuga Labs and Hermès. It further illustrates the use of old trademark principles by both parties and the courts in a brave new technological world. Finally, the last part of the article briefly considers the use of injunctive relief and its shortcomings, as illustrated in a recently adjudicated European case. At the same time, the conclusions acknowledge that although some aspects of trademark law are adequate in providing trademark owner protection, there needs to be some equilibration of remedies to meet the new realities of infringement in the digital world

Promises to Keep and Miles to Go: A Look at Europe Poised Between Two Treaties

Review of Singular Europe: Economy and Polity of the European Community After 1992 (William J. Adams ed.) and Decision-Making in the European Community: The Council Presidency and European Integration by Emil J. Kirchne

Transnational Intellectual Property Law: Cases and Materials from the United States, Europe, Japan, and China, Second Edition

Transnational Intellectual Property Law provides students comparative knowledge of intellectual property for today’s world. The book provides students a strong understanding of intellectual property law in four important global stakeholders and regions: United States, European Union, Japan and China. Transcending national borders, the students will learn the similarities and differences in these four regions through reading and analyzing valuable primary sources of judicial opinions from the courts. The materials allow the students to identify how culture and traditions influence judges in crafting their opinions, in both common law and civil law countries.The book is organized in six units. Each unit begins with a concise summary of a doctrinal area of intellectual property law in each of the four regions, United States, European Union, Japan and China. Judicial opinions from a particular region follow the doctrinal summaries within each unit.https://digitalcommons.law.uw.edu/faculty-books/1062/thumbnail.jp