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As nonfungible tokens, or NFTs, continue to grow in popularity through cryptocurrency purchase, sale and trade online, opportunities for entertainment attorneys in the emerging industry also are booming. For this article, attorneys from intellectual property to fintech and securities, and consumer and corporate protections, shared how they're grabbing hold of NFT-related work and the challenges they foresee.
The NFT craze has sparked intellectual property issues and opportunities for trademark and copyright litigation, according to Lewis Brisbois partner Jonathan Goins, who is based in Atlanta, GA. Goins said he'd been paying attention to a lawsuit brought by French luxury design company Hermès against NFT digital artist Mason Rothschild for creating and selling "MetaBirkins," virtual furry interpretations of Hermès' high-end Birkin handbag, as minted NFTs. Hermès International v. Rothschild, 1:22-cv-00384 (S.D.N.Y.).
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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