Do NFTs qualify for trademark protection?

Key Points

1. NFTs complicate trademark laws as they are digital goods on a blockchain, making it difficult to apply traditional brand protection concepts.

2. Hermès won a case against Mason Rothschild over 'MetaBirkins' NFTs, with the court ruling the NFTs misled consumers into thinking they were affiliated with the brand.

3. Nike's lawsuit against StockX over 'Vault NFTs' resulted in a partial ruling in Nike's favor regarding counterfeit shoes, but left unresolved whether StockX's use of Nike's trademarks in NFTs was legal.

4. Yuga Labs lost an appeal against Ryder Ripps, with the court ruling insufficient evidence of consumer confusion, but affirmed NFTs are legally considered 'goods' for trademark purposes.

5. Different jurisdictions are handling NFT trademarks differently: the U.S. relies on court rulings, the EU requires specific descriptions for virtual goods, and China recognizes NFTs as protected virtual property.