What The Hell is NIL?

When people hear about name, image, and likeness (“NIL”) many focus on its impact on college athletes and the associated antitrust litigation which took place as college athletes fought to prevent universities from profiting off those athletes’ NIL without sharing that profit with the athletes. However, the underlying legal issues surrounding a person’s right toContinue reading “What The Hell is NIL?”

GM (Good Morning) It’s Time to Talk NFT TM (Trademarks)

Some news has been hitting my timeline recently about Yuga Labs and their seemingly aggressive trademark related legal actions against other NFT creators. This is as good of a time as any to give some background on trademark law generally, what Yuga is doing, and what it means for the space going forward. Just asContinue reading “GM (Good Morning) It’s Time to Talk NFT TM (Trademarks)”

NFT Project Start-Up Checklist

Everybody early to NFTs at least considers starting their own project. I’m a big fan! One of the coolest aspects of NFTs is their ability to turn somebody’s passion into a legitimate business. Will many of these project fail? Sure. Most small businesses fail, too. But Web3 removes the barrier of entry, which is aContinue reading “NFT Project Start-Up Checklist”

Brands Entering NFT Space: Mind Your P&Q’s With Your T&C’s

Nike made waves yesterday by announcing its acquisition of popular NFT brand RTFKT. This comes in the wake of RTFKT’s controversy regarding certain Terms and Conditions which seemed out of character at the time, but make total sense when put into the context of a pending major acquisition. With major brand acquisitions and partnerships, comesContinue reading “Brands Entering NFT Space: Mind Your P&Q’s With Your T&C’s”

Copyright In the Age of Creative Commons

Recently, a large anonymous owner of CryptoPunks (known only by the name “punk4156”) made waves in the NFT world when a chunk of those Punks were put up for sale due to a dispute he/she had over Larva Labs’ handling of copyright issues. As an attorney, this issue is exceedingly interesting to me because generallyContinue reading “Copyright In the Age of Creative Commons”

Don’t Phunk With Copyright Theft

I started this blog to give non-lawyers some insight into what an actual practicing intellectual property litigator saw going on in the space. One of my first articles involved the CryptoPhunk controversy, and how delisting those assets on OpenSea was actually good for users. Recently, CryptoPhunks have made a comeback and, as of writing this,Continue reading “Don’t Phunk With Copyright Theft”

NFT Copyright Basics: What’s a copyright and can I haves it?

A copyright is any original work of authorship which includes books, movies, and yes, that sweet avatar NFT you bought for .08ETH and immediately set as your social media profile picture. But not all NFTs give the copyright of the work to the purchaser. Before we go more in-depth, one thing you need to understandContinue reading “NFT Copyright Basics: What’s a copyright and can I haves it?”