Rita Okafor (Fordham University) has posted NFTs as a medium for Trademark Infringement on SSRN. Here is the abstract:
Non-fungible tokens (NFTs), like most new technologies, have taken the world by storm. Over the last two years, several record-breaking transactions have been executed through NFTs. Millions of people worldwide have participated in creating, minting, and trading NFTs on the blockchain. While the rest of the world struggles to understand what these tokens are and why others are paying millions of dollars to own them. A large percentage of the buzz around this technology has been attributed to the fear of missing out (FOMO) because no one wants to be late to the party. Various Intellectual Property legal issues have emerged amid the rush and thrill associated with this technology.
This paper analyzes trademark infringement in the metaverse using NFTs and proffers possible solutions and alternatives to infringement for NFT creators who desire to mint and trade NFTs while enjoying the goodwill and reputation of a trademark owner.
