There are two main types of infringement that may arise as a result of unauthorised minting of NFT.

  1. Infringement of the copyright where creators reproduce and copy others copyrighted works. When the NFT includes a digital copy of an asset, there is a potential that the original author of the works would sue for unauthorised reproduction of the works.
  2. Infringement of trademark may arise when unauthorised party minted NFTs linked to the proprietor of a trademark. The general rule is that for a proprietor to take action, the registered trademarks should cover NFTs or similar goods/services. However, even if the proprietor does not hold any trademarks for the relevant goods/services, the proprietor may still argue that the infringer is taking advantage of the reputation and goodwill of the registered trademarks and therefore amounts to infringement.