ARTICLE
16 May 2022

A Tale Of Two Lawsuits: Two New York Trademark Actions Against NFT Sales Pose Distinct Challenges To The Burgeoning NFT Marketplace

JB
Jenner & Block

Contributor

Jenner & Block is a law firm of international reach with more than 500 lawyers in six offices. Our firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court.
Mr. Jaffré is an associate in Jenner & Block's Content, Media, and Entertainment group as well as the Trademark, Advertising and Unfair Competition Practice.
United States New York Intellectual Property

In an article for the New York Law Journal, Partner Alison I. Stein and Associates Rémi J.D. Jaffré and Andrew C. Elliott discuss the ongoing litigation in two New York trademark cases and unsettled trademark law issues raised by non-fungible tokens (NFTs). They share their insights into the challenges and fundamentally different questions the cases raise within the trademark doctrine which could ultimately shape the rapidly evolving NFT marketplace. 

Ms. Stein is co-chair of Jenner & Block's Content, Media, and Entertainment Practice and a member of the firm's Management Committee. Her practice focuses on intellectual property counseling and litigation, and on matters involving online content moderation, content protection, copyright infringement, licensing negotiations and transactions, clearance work, DMCA, trademark enforcement, trade secrets, unfair competition, defamation, entertainment litigation, and contractual disputes.

Mr. Jaffré is an associate in Jenner & Block's Content, Media, and Entertainment group as well as the Trademark, Advertising and Unfair Competition Practice. He graduated magna cum laude from NYU School of Law in 2013. Prior to joining the firm, Mr. Jaffré clerked for the Honorable Gerard E. Lynch of the US Court of Appeals for the Second Circuit, and for the Honorable P. Kevin Castel of the US District Court for the Southern District of New York.

Mr. Elliott is an associate in Jenner & Block's Content, Media, and Entertainment group. He received his JD from Columbia Law School in 2020.

"A Tale of Two Lawsuits: Two New York Trademark Actions Against NFT Sales Pose Distinct Challenges to the Burgeoning NFT Marketplace," New York Law Journal

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