The Intersection of NFTs and Transactional IP

Interest in non-fungible tokens, or “NFTs,” as vehicles for conducting IP-related transactions has exploded over the past year.  While NFTs have been touted as offering the possibility of “frictionless” transactions, the sale and purchase of NFTs involves traditional IP rights subject to traditional legal IP principles, including copyright, trademark and rights of publicity.  The clash between NFTs and traditional IP rights has been illustrated by recent high-profile lawsuits involving NFTs for virtual Birkin bags and Nike shoes. 

In this program, our speakers Penny Williams (Sotheby’s), Joshua Kaufman (Venable), Marty Schwimmer (Leason Ellis), and Robert deBrauwere (Pryor Cashman) will discuss the intersection between NFTs and traditional IP principles, including what IP rights that may accompany the sale of NFTs, what transactional paperwork may be required to effectuate IP transfers associated with NFTs, what IP disputes may arise in connection with NFTs, and what strategies NFT buyers and sellers might use to insulated themselves from IP-related liability.

Speakers:

• Robert deBrauwere, Partner, Pryor Cashman

• Joshua Kaufman, Partner, Venable

• Marty Schwimmer, Partner, Leason Ellis

• Penny Williams, Vice President, Associate General Counsel, Sotheby’s

• Moderator Hilary McDonnell, Associate, Hughes Hubbard & Reed

1.0 CLE credit will be available.

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