Do you have to trademark an nft [Best Answer]

Last updated : Sept 21, 2022
Written by : Morton Janikowski
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Do you have to trademark an nft

Are NFT trademarked?

In order to legally own your non-fungible token (NFT) brand, you can and should consider federally registering the trademark on it. NFTs are inherently valuable given that they represent unique, irreplaceable digital assets.

Does copyright apply to NFT?

Copyright law does not give an NFT owner any rights unless the creator takes affirmative steps to make sure that it does — ideally, by executing a standard, formal copyright license to the work connected to the NFT.

Are NFT names copyrighted?

NFTs are likely not protected by copyright, because they do not meet the basic criteria for copyright protection. They basically represent data on a blockchain, which would not constitute an original work of authorship under intellectual property law.

Can NFT be registered?

Many brand owners wonder if they can trademark the name of their NFT. To be clear, the answer is YES. You can trademark an NFT name, and an increasing number of businesses have applied to trademark their non-fungible token names!

Can I use a brands logo on my NFT?

Yes. Yout can turn a logo into an NFT, and actually, it is pretty simple compared to other types of NFTs. A logo is simple to make, and you don't need to put a lot of hours into creating one. Remember that logos are just another form of art, and art is a popular seller for an NFT.

Is NFT an intellectual property?

NFTs and Intellectual Property Protection NFTs may be subject to IP protections, including copyright, design patent, and trademark rights. As such, NFT purchasers should pay attention to what IP rights, if any, come part and parcel with the NFT.

Can you get sued for Screenshotting an NFT?

The most common consequence of screenshotting an NFT, claiming it is yours, and reselling it, is facing criminal and civil charges. The original creator of an NFT could sue someone for screenshotting their work and selling it without their knowledge. Charges can range from copyright infringement to fraud and theft.

How do I protect my NFT art?

  1. Store Your NFTs in a Non-Custodial Wallet.
  2. Trade on Established, Trustworthy Marketplaces.
  3. Evaluate Each Deal Carefully and Exercise Prudent Judgement.
  4. Copyright Your Art.
  5. Add a Watermark.
  6. Avoid Installing Fake Extensions or Spyware.

Can NFT owners sue?

It is possible you could be sued for improper use of an NFT or any intellectual property associated with your NFT. If you are a NFT creator, make sure you are not creating NFTs using someone else's copyrighted content. Likewise, if you the NFT holder, do not use your NFT in a way that may violate the terms.

Can you make an NFT of someone famous?

If you are depicting a real person (alive or dead, celebrity or non-celebrity) in your NFT, the safest course of action is to license that person's persona in connection with your NFT. Licensing content, including a person's name, image, and likeness, is common practice, but the process takes time and money.

Can a NFT be stolen?

Your NFT can be stolen by clicking on a bad link, exposing your secret phrase, or via user error. Technically speaking, your NFT can't simply be taken out of nowhere, rather, you would have to give a hacker access to your wallet where your NFTs are stored. There are many ways that your NFT could be stolen.

Can I use Google Images for NFT?

you can take down nfts through google's automated system here… (no phone number or address required) and they will take down the actual image of your stuff not the page itself but! its something!!! You can remove stolen images on OpenSea by reporting to Google (their image host).

Can I sell screenshot NFT?

To answer the question, a screenshot can be sold as a non-fungible token. Remember, a screenshot is nothing more than a JPEG or PNG image. However, the odds of anyone actually paying money for a screenshot are very low. This means that while you can turn a screenshot into an NFT, you should not actually do it.

Can NFT be pictures?

What Are NFTs? NFTs, or non-fungible tokens, are digital assets. They can be made from photos, GIFs, illustrations, videos, audio files, and more. Every NFT is unique and considered a collectible.

Can someone steal your NFT art?

Non-Fungible Theft It's not a good look for a technology that touts itself as the future of fine art collecting. Hackers have already started stealing non-fungible tokens (NFTs), the blockchain-based art credentials that give a buyer original ownership over a digital piece of art, Motherboard reports.

Can I copy an NFT and sell it?

You can copy a digital file as many times as you want, including the art that's included with an NFT. But NFTs are designed to give you something that can't be copied: ownership of the work (though the artist can still retain the copyright and reproduction rights, just like with physical artwork).

Can you draw a celebrity and sell it as NFT?

Celebrities Have Rights to Their Name and Face But showing the artwork or selling it is a violation because you personally gain. The Right of Publicity is a privacy right afforded in most US states. The basic premise is that other people cannot make money off of your name or image without your consent.

Can fan art be sold as NFT?

The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.

Can you sell NFT art of a celebrity?

You can sell a fine art painting of a celebrity as long as it is a transformative work of art. This means it needs to be artistic in nature, not just a faithful likeness. The painting cannot copy an existing work of art (including a photo), and cannot interfere with a celebrity's “right of publicity”.

Can OpenSea return stolen NFTs?

The sale of stolen items is against our Terms of Service and not allowed on OpenSea. When we are notified of potentially stolen items, we disable the ability to buy, sell, or transfer the items using OpenSea to make sure we're complying with legal requirements and protecting users.

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Do you have to trademark an nft

Comment by Lawanda Chumbley

can you buy an nft of a patent can you buy an nft of a trademark if you did what exactly are you buying do you even get the underlying rights what is an nft even this and more on today's episode of stuff you should know about IP stuff you should know about IP is the least fungible podcast related to intellectual property available on the internet so little fungibility it's non-fungible it's also the best place to learn about the exciting world of patents trademarks Trade Secrets copyrights and everything in between so don't forget to hit subscribe hit that like button and share this episode with your colleagues your friends and your in-laws today's episode of stuff you should know about IP is brought to you by the patent lawyer magazine if you want to stay up to date with everything that's going on in the world of Ip and patents go to each issue is free to read for up to eight weeks that's for Global News in the world of patents all right Tom please help me because even though this could be our third maybe fourth podcast on nfts I just don't get it still yeah you know we did that podcast on nfts like six months ago yeah and I don't think either of us really knew what they were then yeah people still don't and I know that because I still get comments from that podcast and basically people will come to me and say can I get an nft on this or can I get an nft on that yeah recently I've gotten two questions the past two weeks which is why we're doing this topic again right one question can I get an nft on a patent right which just when I don't can't remember who it was it was Tim or someone who asked that question at a cocktail party and I was like yes yes the other night we were talking about right fell out of my head I'm like huh yes yes so this then another guy asked me right the other guy asked me can you get a uh an nft on a trademark so let's just do a quick review of an nft right a non-fungible token right an nft is a token of ownership of an electronic record okay think of a Picasso right right Picasso paints this picture right right then there's a picture that actually has Picasso's brush Strokes on it right yeah and someone buys that and they pay 50 million dollars right yeah I who don't have 50 million dollars I buy a print okay I buy the that's okay okay I buy the print of the Picasso okay my print looks exactly like the Picasso the only thing is when you scrape if you're even allowed to scrape a Picasso but if you were allowed to use x-rays yeah yeah exactly but if you scrape the Picasso you could actually feel the paint whereas with my print today yeah you can't now I say today because who knows they might yeah I mean we might be getting prints now that feel like paint right but the point is why does somebody buy a Picasso an original Picasso versus a print when they look exactly the same in fact I would challenge you that people who own picassos don't even put their picassos up they keep their picassos in the safe and then they put the prints up right is that real I don't know I've heard that I've heard that like when you go look at the Mona Lisa Mona Lisa at the Louvre you're actually looking at a print because the Mona Lisa is like stored away somewhere and I've seen at the lube and I don't know if it's true or not but I couldn't tell the difference either could anyone else who really cares right but so here's the thing why own a Picasso then and I'd say two reasons one because for some reason that I don't understand they go up in value and people buy them as Investments yeah and secondly people use them to brag right I'm so successful that I own an original Picasso you own a print that's good for you yeah but I own an original Picasso right right okay that's a painting and you can understand how the painting is a little bit different than a print to a painting yeah now let's flip to an electronic record okay you know you have an electronic record and there's this guy named beeple who sold an Electronics yeah and I think it was 69 million dollars or something so I could download people's painting or electronic record for free it's the exact same thing there's no difference but what I don't have is the token that I own the original I don't own the original Picasso because again a Picasso an original mean is right I mean I could tell people if I'm a rich guy and I say I own an original people are going to look and say wow that's an original Picasso it doesn't really mean it is right and it might not even be the real Picasso even though they own it right but with an electronic record how do you prove that it's the original b-ball well you have a non-fungible token it's a token that you are the original owner of this electronic record now does that mean that it's the first electronic record no because it's an electronic record it could be copied a million times who knows when the first one take a screenshot of it but what the author is saying is I'm going to artificially designate this as the original okay yeah I'm going to designate this version that I'm going to sell to you for 69 million dollars I'm going to designate it as the original and I'm going to give you a token right that says it's the original and you own it right so that's an nft so what is an nft nft is a token of ownership of original records that are electronic that are really no different than any other electronic records of the exact same thing right except that it is indisputably the original or the designated original right of that round of that record but does that give you the right to the underlying intellectual property ah yes and now right right yeah so if I buy these are spiced owl conversation exactly yeah so I buy a Picasso and I'm like oh I'm gonna start reprinting this and I'm gonna because I bought the original it was 65 million dollars no you didn't buy the right to reproduce it those copyrights are owned by whoever owns the Picasso not the artwork the intellectual property so people he still owns the underlying intellectual property to his graphic art right right you bought the original version you bought the token of the original I'm using air quotes again which I hate right but we're doing it to show if you bought the Picasso itself yeah people can or Picasso can still make another Picasso exactly he can actually copy that right and sell a thousand copies of it it was a copy machine but people are I mean whoever bought the Picasso can't can't right right you can't just start making prints of the Picasso that you bought right right so let's flash over to patents because we already did the whole thing on nfts and IP rights but what about patents so this guy asks me can you get an nft on a patent right and like no because a patent is underlying prevention rights what do I own when I own a patent I own the right to prevent others from making using selling importing offering for sale the products and services containing my patented technology the claims of my patent claim what is what are my property rights right and I can prevent anyone remember I don't have the right to make my patents

Thanks for your comment Lawanda Chumbley, have a nice day.
- Morton Janikowski, Staff Member

Comment by Rodney

tip number two legal tip number two is to have your trademark attorney do a trademark availability search for your project name so we talked about how your project name is potential trademark but before you pick that name you should have your trademark attorney do a trademark availability search if there is something similar that already exists out there the person who was first wins and it doesn't have to be identical to what you're doing if a similar project name or something in the tech market or the blockchain market or a different type of token or something that is just in a different market that is significantly similar to your project name such that it's likely to cause consumer confusion as to source and origin then whoever uses it first wins which means a pre-existing mark owner can shut you down it can take your domain name if your domain name matches your project name and you could become legally liable to all your nft buyers because you are unable to pass the rights on to them that they were expecting because potentially your store gets shut down on open c and potentially you have to literally go out of business so you're taking on liability if you pick a trademark a store name that's going to be confusing similar to someone else's store name you want to make sure that you do the availability search it's a very sophisticated phonetic shirt search with word swaps and letter swaps a trademark attorney is going to get that search report back and it's going to analyze it it's going to tell you which pre-existing marks may be problematic for your company so the goal here is you don't want to infringe someone else's pre-existing rights and get a threat letter trademark infringement threat letter that says you must cease and desist right but also you want to build brand value and you can only build brand value by creating a unique brand name that can only be you so pick something unique and then of course if you do pick something unique you're going to be able to protect your mark against imitators fraudsters and copycats ready for tip number three tip number three is following right in line make sure you register your trademark with the uspto you don't have to register your trademark in order to have trademark rights but if you do special things are going to happen all right so you want to if you do your trademark availability search and it comes back clean that trademark attorney is going to tell you that you have a high likelihood of getting it registered with the uspto so you want to go through that process and one of the reasons is you can file an intent to use registration before you even use the name so remember i told you a minute ago that whoever was the first to use it in commerce wins they have priority there's one exception to that and that's is if you file with the uspto and intent to use registration where you're putting your marker down saying even though i'm not in commerce yet even though i haven't launched yet i'm claiming this project name this brand as mine and so you can jumpstart that priority date by filing an intent to use registration which is really important because if you know your name and it's clear it may take you months to launch you want to get an intent to use registration in place so that you don't lose your priority rights if you achieve registration you also get certain presumptions of validity and boom up to one hundred thousand dollars in statutory damages and attorneys fees that you can threaten against any infringers so if i send a threat letter out for trademark infringement on a common law mark where i don't get the presumptions and i don't get the statutory damage benefits right the other attorney knows i have to prove my damages and that could be really hard in a trademark context that's why the congress passed a law which gives you penalty statutory damages even if you can't prove any damages this is a big stick against infringers so that it's going to make for a really powerful threat letter if you have a registered trade bar all right so why do you get trademark registration because you get super rights and super presumptions and statutory damages that my friends is tip number three here is an example which we'll be doing a deep dive into in in one of the next videos on tip number three where the board ape yacht club very famous nft drop uh they dropped in may of last year unexpectedly went through the roof now worth tens of millions hundreds of millions of dollars who knows right but they did not register their trademarks prior to launch in fact these are just serial numbers here this is registration numbers here they haven't made it through the registration process on their marks they're just filed they're trying to get through the process why because all these other nft projects copied board ape board api club something else yacht club something else ape and arguably infringed the board api club's various trademarks causing consumer confusion of course they were that was what their goal was to draft off all the goodwill of board api club for their copycat project so ford eventually got a lawyer and they are going through the registration process trying to get some of their marks these are all variations of trademarks that they use for their nft draw trying to get those registered so they can get some real leverage on their threat letters and you can see here's an example of one of their file marks for just the words board ape and you can see downloadable game software there's lots of different things that you can register for non-fungible tokens used with blockchain technology they're trying to get the verbiage down with the uspto on this and and uspto is trying to figure out what a non-fungible token is so you need a good lawyer to help you get through the registration process um virtual goods these are the the categories of goods and services that they're going to be protected in all right so enough about tip number three and trademark registration we're going to revisit that another time you

Thanks Rodney your participation is very much appreciated
- Morton Janikowski

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