Private Law Theory

ABSTRACT
The recent of explosion of non-fungible tokens (‘NFTs’) 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 short article considers 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.

Michaels, Andrew C, NFT Litigation is Raising Novel Trademark Questions (August 17, 2022), University of Houston Law Center No 2022-A-10.