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USPTO Trademark Approved Goods/Services – NFTs, Virtual Gods
10
Class Goods/Services
9 Downloadable music files authenticated by non‐fungible tokens (NFTs)
9 Downloadable audio recordings featuring {specify subject matter, e.g., music, poetry, etc.} authenticated
by non‐fungible tokens (NFTs)
9 Downloadable multimedia file containing artwork relating to {indicate field or subject matter of file}
authenticated by non‐fungible tokens (NFTs)
35 Retail store services featuring virtual goods, namely, {specify type, e.g., clothing} for use in online virtual
worlds
35 Provision of an online marketplace for buyers and sellers of downloadable digital art images
authenticated by non‐fungible tokens (NFTs)
41 Entertainment services, namely, providing on‐line, non‐downloadable virtual {indicate goods, e.g.,
clothing, pets, furniture, etc.} for use in virtual environments created for entertainment purposes [This
does not include providing on‐line virtual software as a fill‐in]
42 Computer services, namely, creating an on‐line virtual environment for {indicate purpose, e.g., off‐track
betting, trading stocks, etc.}](https://image.slidesharecdn.com/trademarksthemetaverseandnftsohmy-221028001414-7ef64dd1/75/Trademarks-the-Metaverse-and-NFTs-Oh-My-10-2048.jpg)
Uploaded byKnobbe Martens - Intellectual Property Law
Trademarks, the Metaverse, and NFTs, Oh My!
The document discusses the intersection of trademarks, the metaverse, and NFTs, highlighting their implications in intellectual property law. It addresses legal cases and issues related to the use of trademarks in artistic works and the current and future applications of NFTs. Additionally, it provides guidance on trademark and copyright filings for businesses operating in this digital space.
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Trademarks, the Metaverse, and NFTs, Oh My!
- 1. Trademarks, the Metaverse, andNFTs, Oh My! Susan Natland & Jessica Sganga October 27, 2022
- 2. © 2022 KnobbeMartens The Metaverse Digital reality that uses augmented reality, virtual reality, and blockchain, along with concepts from social media and online gaming, to create spaces for deeper user interaction to “mimic” real world 2
- 3. © 2022 KnobbeMartens NFTs 3 To Create Stored Digital Media File Blockchain Token Uniquely Identifiable Digital Media File
- 4. © 2022 KnobbeMartens NFTs • Initial Sale Price of #1422 ⎼ $74.00 • 4 Years Later… ⎼ $2,000,000 • ROI: ⎼ 2,694,950% 4
- 5. © 2022 KnobbeMartens Virtual Goods (Digital Goods/Wearables) 5
- 6. © 2022 KnobbeMartens Nike v. StockX 6
- 7. © 2022 KnobbeMartens Hermès International v. Rothschild 7 ARTISTIC WORKS Likely No First Amendment Protection VIRTUAL WEARABLES Use of a trademark as the title of a work of art does NOT infringe if: (1) The title is “minimally artistically relevant” to the art work? (2) The use does NOT explicitly mislead as to content, authorship, sponsorship or endorsement? Use of trademark as title of artistic work may have First Amendment protection Motion to Dismiss Denied
- 8. © 2022 KnobbeMartens Miramax LLC v. Quentin Tarantino ⎼ Original Rights Agreement grants “all rights (including all copyrights and trademarks) in and to the Film (and all elements thereof in all stages of development and production)” to Miramax, excluding: “…screenplay publication, ‘making of’ books, comic books and novelization, in audio and electronic formats as well, as applicable), interactive media….” 8
- 9. © 2022 KnobbeMartens Congressional Request - USPTO and Copyright Office 9 ….we request that your two agencies undertake a joint study to address… (1) What are the current applications of NFTs and their respective IP and IP‐ related challenges? (2) What potential future applications of NFTs do you foresee and what are their respective potential IP challenges?
- 10. © 2022 KnobbeMartens USPTO Trademark Approved Goods/Services – NFTs, Virtual Gods 10 Class Goods/Services 9 Downloadable music files authenticated by non‐fungible tokens (NFTs) 9 Downloadable audio recordings featuring {specify subject matter, e.g., music, poetry, etc.} authenticated by non‐fungible tokens (NFTs) 9 Downloadable multimedia file containing artwork relating to {indicate field or subject matter of file} authenticated by non‐fungible tokens (NFTs) 35 Retail store services featuring virtual goods, namely, {specify type, e.g., clothing} for use in online virtual worlds 35 Provision of an online marketplace for buyers and sellers of downloadable digital art images authenticated by non‐fungible tokens (NFTs) 41 Entertainment services, namely, providing on‐line, non‐downloadable virtual {indicate goods, e.g., clothing, pets, furniture, etc.} for use in virtual environments created for entertainment purposes [This does not include providing on‐line virtual software as a fill‐in] 42 Computer services, namely, creating an on‐line virtual environment for {indicate purpose, e.g., off‐track betting, trading stocks, etc.}
- 11. © 2022 KnobbeMartens Sample Trademark Goods/Services 11
- 12. © 2022 KnobbeMartens IP Tips • Understand business goals in this space: ⎼ Freedom to operate/Offensive filings (sponsorship arrangements, collaborations, licenses) ⎼ Defensive filings (in U.S. need to ultimately show use) ⎼ Can file stealth • Expand trademark watching services to cover e.g., virtual goods (Class 9) • File copyright applications for underlying artwork linked to NFTs • Carefully review existing license agreements ⎼ If right to develop/sell NFTs does not fall neatly within agreement, consider intention of parties and industry custom • Incorporate NFTs into new license agreements • If licensing IP for use in an NFT, consider how to control IP in downstream sales of the NFT 12
- 13. © 2022 KnobbeMartens Thank you! susan.natland@knobbe.com jessica.sganga@knobbe.com 13