ABSTRACT
The recent rise of the blockchain based technology of non-fungible tokens (NFTs) has already led to a number of lawsuits where NFTs are alleged to infringe trademarks. These cases have generally centered around the inquiry of likelihood of confusion, as most trademark cases do, but have also raised disputes as to the First Amendment and first sale doctrines and their relation to the likelihood of confusion inquiry. This article will discuss three such cases in detail, and draw some general insights about the likelihood of confusion inquiry and its interaction with these other doctrines, as well as make some more specific recommendations as to how these doctrines should be applied in the newer context of NFTs …
Michaels, Andrew C, Confusion in Trademarked NFTs (June 27, 2023), 7 Stanford Journal of Blockchain Law and Policy 1 (2024); University of Houston Law Center No 2023-A-26.
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