Once relegated to the fringe of the crypto/FinTech communities, non-fungible tokens (NFTs) are suddenly mainstream, appearing in new and increasingly commercial use cases, such as financial services, automotive industry applications, electronic gaming, sport highlights, music albums, film, art, fashion and digital branding. We consider the key legal and regulatory issues in relation to NFTs in the context of a wide range of use cases, industry sectors and jurisdictions.
Are NFTs ‘financial products’ in Australia? A cryptic definition explained
Although NFT trading volume plummeted 98% last year, the number of wallets owning at least one NFT nearly doubled. More people than ever know about NFTs, and builders remain bullish on expanding Web3’s reach across industries.
Gaming and law: What businesses need to know
Gaming raises a multitude of legal issues for businesses. In this series of publications, Gaming and law: What businesses need to know, we cover a number of the most topical issues.
Gaming and law: What businesses need to know - Part 1
Gaming raises a multitude of legal issues for businesses. In this series of publications, Gaming and law: What businesses need to know, we cover a number of the most topical issues. In this Part 1, Gaming and Non-Fungible Tokens, Justin Davidson explains what a non-fungible token (NFT) is and the implications for gaming.
Navigating the metaverse
In the space of a very short time, businesses are focusing on what the metaverse means for them. In addition to commercialising the opportunities available to them, such as new channels to market and enhanced customer engagement, businesses will need to understand and address the associated risks.
Law Commission final report on digital assets: a bold new approach
Laws and regulations for digital assets tend to arrive either too early or too late. Too early, when they include details that turn out to be awkward or irrelevant when technology moves in a different direction. Too late, when they wait for certainty and meanwhile leave important areas unregulated and vulnerable to fraud.
A global guide to navigating NFTs: Part 2 now available for download
Once relegated to the fringe of the crypto/FinTech communities, non-fungible tokens (NFTs) are suddenly mainstream, appearing in new and increasingly commercial use cases, such as financial services, automotive industry applications, electronic gaming, sport highlights, music albums, film, art, fashion and digital branding.
NFTs, cryptocurrency, digital assets: What are they under English law?
Digital assets, what are they really? You can’t physically hold them, they’re not legal rights, but they are personal property. So how should they be treated under English law?
Hermès succeeds in enforcing trade mark rights in NFT dispute
On February 8, 2023, a jury found Rothschild liable for trademark infringement, trademark dilution and cybersquatting based on Rothschild’s use of the Birkin mark to promote and sell the MetaBirkins NFTs.
Blockchain law: Serving process by airdropping NFTs: The next frontier?
Robert Schwinger discusses obtaining relief for defendants in matters involving cryptocurrencies and other blockchain tokens.
Law Commission proposes revolutionary rules for ownership of crypto tokens and NFTs
There is a major earthquake happening in the sphere of digital assets, which is expected to create shockwaves that will impact tech not only in the real world but also in the metaverse.
Hermès Challenge of “MetaBirkin” NFTs to Continue
In a case that is likely to provide much awaited guidance on the application of trade mark law to non-fungible tokens (NFTs), luxury design house Hermès International and Hermès of Paris, Inc. (Hermès) is suing artist Mason Rothschild in the U.S. District Court for the Southern District of New York for trademark infringement and dilution, misappropriation of its BIRKIN trademark, cybersquatting, false designation of origin and description, and injury to business reputation.
Webinars & Videos
Disputed: Web3, NFTs and the Metaverse | S2 EP10
Disputed episodes Avatars, Bored Apes and Nike sneakers – a look at our new virtual reality with guest Nick Abrahams. As the Metaverse is expected to become a $1 trillion market, many o...
What is an NFT & why are people paying so much for them?
0.5 CPD unit | NFTs are part of a broader megatrend known as Web3. Web3 is the coming together of augmented reality, the metaverse, cryptocurrencies, decentralised finance and NFTs. Web3 will impact all organisations and it is important to know about it. At Norton Rose Fulbright we are working with many organisations embracing the opportunities of Web3.
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What is an NFT and how is it different from a fungible, or any other, token? How can the ownership of a tangible item be represented by an intangible token? Does the owner of an NFT own the underlying object or asset it might represent? Are NFTs regulated and, if so, how?
Insights and resources to help navigate the increasingly complex regulatory tech landscape.