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