By Andrew Michaels (August 17, 2022, 2:52 PM EDT) — The recent explosion of non-fungible tokens has raised various intellectual property issues, resulting in a number of lawsuits currently before federal courts. These suits are already raising novel questions in trademark law, and are presenting old but unsettled questions in a new light.
This article will consider some such issues relating to likelihood of confusion in trademark law, particularly how the confusion inquiry interacts with the First Amendment and the first sale doctrine in the NFT context.
Likelihood of Confusion and Trademarked NFTs: Yuga Labs v. Ryder Ripps
One of the central issues trademark law is whether the allegedly infringing items…
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