NFTs, or non-fungible tokens, have quickly evolved from cryptographic curiosities at the fringes to valuable intellectual property (IP), assets. IP owners are starting to notice their increasing popularity and perceived value.  As a patent attorney, I frequently get questions from clients on how NFTs or blockchain technology can help or harm their brands. If you own brands and are not using the new tech, read on.

Table of contents

  1. What are blockchain, cryptocurrency and NFTs?
  2. What IP rights are included in an NFT? What does case law say?
  3. How does this apply to blockchain domain names?
  4. How Can Brand Owners Protect Their IP In This Evolving Space?
  5. How NFTs and Blockchain Technology Can Help Or Hurt Brands?
    • Digital assets that can appreciate over time
    • Speed up healthcare processes and reduce costs
    • Transform e-commerce
    • Reduce supplier disputes
  6. Potential Brand Threats and Opportunities Presented by Blockchain NFT
    • Online fraud
    • Collectibles
    • Create synergies among collections
    • Protect the ownership of the NFT

What are blockchain, cryptocurrency and NFTs?

Blockchain is a decentralized digital ledger that records transactions across a network of computers. Cryptocurrency is a digital or virtual currency that uses cryptography for security and operates independently of a central bank. NFT stands for a non-fungible token, which represents a unique digital asset that can’t be replaced with another identical asset. NFTs are usually built on blockchain technology. NFTs have been used to represent ownership of digital art, videos, music, and other digital assets.

What IP rights are included in an NFT? What does case law say?

NFTs typically represent proof of ownership and authenticity of a digital asset, but they do not necessarily include any Intellectual Property (IP) rights related to the underlying asset. The IP rights in the underlying asset, such as copyrights or trademarks, would typically be held separately from the NFT.

It is important to note that the legal status of NFTs and the rights they convey are still evolving, and there is not yet a significant body of case law regarding them. However, some cases have been reported in which copyright holders have brought lawsuits against creators of NFTs for infringement of copyright. Therefore it is important to note that NFTs do not include any intellectual property rights in the underlying asset, and the creators of the underlying assets should hold the IP rights. And in case of a copyright infringement lawsuit, the holder of the NFT will not be protected.

How does this apply to blockchain domain names?

Blockchain domain names are a type of NFT that represent ownership of a specific domain name on a decentralized blockchain-based domain name system, such as Ethereum’s ENS (Ethereum Name Service). Like other NFTs, blockchain domain names typically represent proof of ownership and authenticity of the domain name, but they do not necessarily include any Intellectual Property rights related to the underlying domain name or website.

In the case of blockchain domain names, the domain name itself is not registered with a traditional centralized domain name registrar, but instead is recorded on the blockchain, making it decentralized and potentially more resistant to censorship or seizure. However, it is important to note that the legal status of blockchain domain names and the rights they convey is still evolving and there is not yet a significant body of case law regarding them.

It is also important to note that even though the domain name is recorded on blockchain, it does not automatically give you the right to use the domain name for any purpose or to prevent others from using the same domain name. It is important to check the rights and trademarks of the domain name before purchasing a blockchain domain name. Additionally, it is also important to note that not all web browsers and internet service providers are currently compatible with blockchain-based domain name systems, so it may not be accessible to all users at this time.

How can brand owners protect their IP in this evolving space?

Brand owners can protect their Intellectual Property (IP) in the evolving space of blockchain and NFTs by taking the following steps:

  1. Monitor the market: Keep a close eye on the market for any unauthorized use of your brand or IP in the context of blockchain and NFTs, and take action as needed to enforce your rights.
  2. Register your IP: Register your trademarks, copyrights and patents to strengthen your legal position in the event of an infringement.
  3. Educate yourself: Stay informed about the latest developments in the field of blockchain and NFTs, and understand how they may affect your IP rights.
  4. Work with experts: Seek advice from legal and technical experts who are familiar with the complexities of blockchain and NFTs, and can help you navigate the legal landscape.
  5. Collaborate with the industry: Work with other stakeholders in the industry, such as blockchain developers, to establish industry standards and best practices that protect IP rights.
  6. Take legal action: When necessary, take legal action to protect your IP rights, such as filing lawsuits for infringement or seeking injunctions to stop infringing activities.

It is important to note that the legal landscape of blockchain and NFTs is still evolving, and the best approach for protecting IP rights may vary depending on the specific circumstances. It is important to consult a legal expert, to understand the best approach for your brand.

How NFTs and Blockchain Technology Can Help Or Hurt Brands

There are a number of issues that companies need to consider when looking to use NFTs and blockchain technology to promote their brands. These issues include the cost of the technology, whether or not it can help or hurt brands, and the potential for the technology to be used as a tool for dispute resolution.

Digital assets that can appreciate over time

Non-fungible tokens (NFTs) are digital assets that are unique. They are associated with images, animations, and other information. These tokens are also known as crypto assets. Currently, they are used as a form of currency in some computer games, but they are also becoming more widely used in a variety of other sectors.

NFTs are based on the blockchain, which is a distributed ledger. The value of these assets is determined by how many users hold them. In the case of a game, players have to acquire NFTs to participate. As more players purchase NFTs, the value of the assets increases.

This “play to earn” model has the potential to shake up the gaming industry. It is one of the critical features of Axie Infinity, a popular video game. However, there are some questions surrounding this new gaming paradigm. Specifically, why are players paying so much money for a non-fungible token?

There is also the question of whether it’s safe for consumers to exchange or buy a NFT. For example, hackers can infiltrate the NFT chain and redirect the money to themselves.

Another concern is the possibility of a market crash. Crypto markets are very volatile. When there is a market downturn, the demand for NFTs may decrease.

A number of digital asset projects have been launched, but many of them have failed due to poor risk management. Consequently, trading volume for non-fungible tokens has slowed. Some pioneers in the space have even declared bankruptcy.

While a variety of projects are underway, regulators are still figuring out the best frameworks for this new asset class. In addition to the regulatory environment, the industry will need to contend with transaction costs and environmental impacts.

Ultimately, these innovations have the potential to transform business models across sectors. But it’s important for market players to understand the risks and benefits of this new asset. That’s why it’s important to engage with professional advisors. Despite the challenges, the future for NFTs and other digital assets looks bright.

In summary, these technologies have the potential to create new and powerful forms of ownership, enabling consumers to engage with digital goods and services in ways that previously weren’t possible. As a result, there are many opportunities for companies to leverage technology to build their brand and connect with their customers.

Speed up healthcare processes and reduce costs

The benefits of NFTs and blockchain technology are many, especially when applied to the healthcare industry. As the cost of healthcare rises in developed nations, innovation in the healthcare industry is increasingly critical. In addition, new technologies are becoming embedded in healthcare processes, improving both the way in which patients are served and the quality of patient outcomes.

One of the most exciting applications of blockchain technology is in securing medical data. By using a private key, an individual can control the distribution of their own medical information. This is a significant advancement in protecting patient confidentiality and will likely reduce the number of data breaches.

Another use of technology is in tracking items through a supply chain. This can help patients avoid counterfeit drugs.

Other applications of the technology include claims processing, public health surveillance, and credentialing providers. These technologies can all be beneficial to a company’s bottom line.

Some companies are taking the initiative to test their technologies’ worthiness in the healthcare industry. Anthem and CVS Health, two major players in the healthcare arena, have teamed up to launch a digitally-enabled healthcare network.

These firms, along with several others, are implementing the blockchain, or a version of it, in hopes of increasing operational efficiencies and reducing costs. Many of these companies are small and are not publicly traded. Nonetheless, they offer promising potential for saving lives.

A number of organizations have shown interest in leveraging the technology, including CVS Health and Avaneer. Ultimately, these companies hope to transform operations by securing the most pertinent and pertinent patient data. While the technology is still in its infancy, it could be the solution to a long-standing challenge in the industry.

One of the most glaring weaknesses in the global healthcare industry is the lack of a central authority. With the ability to track transactions across a network, a company can immediately identify and solve any problems that crop up. And while a large-scale implementation of the technology may be years away, companies are already testing its merits in various ways.

Transform e-commerce

There is a huge change happening in the world of e-commerce. One of the key changes is the introduction of NFTs and blockchain technology. Both of these will transform how consumers buy products. They are going to merge the physical and digital worlds. In addition, they will bring new revenue streams and a whole new form of social commerce. This will allow merchants to give customers a sense of instant gratification.

NFTs are digital assets that can be traced and verified. These tokens are used in e-commerce to provide a unique value to a physical product. Rather than the traditional method of storage, NFTs use a shared database to confirm ownership and traceability.

Currently, eCommerce brands suffer from financial losses due to counterfeit products. But, with the advancement of NFTs, they can reduce the risk of fraud.

Using NFTs can allow merchants to increase their profit margins by offering more exciting offers. They can also provide exclusive rewards to their buyers.

eCommerce companies have to manage a huge inventory. With the introduction of NFTs, they can easily create attractive digital representations of physical products. Besides, they can also offer free NFTs to their customers as part of a customer loyalty program.

By leveraging NFTs, eCommerce brands can attract more consumers. In addition, they can establish trust with these customers. It is important to keep these customers happy.

Another benefit of using NFTs is that they allow eCommerce brands to manage processes and processes better. For example, it is possible to create NFTs for each product in an eCommerce store. Moreover, NFTs allow eCommerce businesses to track the history of each transaction.

Big e-commerce brands are taking advantage of NFTs. The biggest challenge is managing inventory and large data storage. However, these eCommerce companies have sufficient funds to overcome this challenge.

Using NFTs will give eCommerce brands the tools to retain their most valuable customers. Moreover, it will also help them build a brand community. Through a community, eCommerce brands can leverage their customers’ enthusiasm for their products.

Eventually, NFTs and blockchain technology will revolutionize e-commerce. This will create a more transparent and trustworthy commerce system.

Reduce supplier disputes

You may have heard that blockchain technology is helping to reduce supplier disputes. The system automates and validates contracts, reduces transaction time, and improves transparency. As a result, companies that use the technology can detect problems earlier and prevent mishaps from happening. In addition, it helps minimize fraud.

For example, the Abu Dhabi National Oil Company uses a blockchain-based system to track production quantities. This system also automates transactions and the enforcement of contracts. It provides authenticated and immutable records. Another benefit is that it improves transparency, making it easier to detect any potential irregularities. Finally, the company’s system also reduces dispute resolution time. By utilizing the system, the company has also reduced the number of disputes with vendors.

The Swedish Land Registry has also explored how it can improve land registration and smart contracts. BASF, a German chemical producer, is working with Deloitte, NOVA Chemicals, and other companies to create the reciChain project. Using this technology, the c

Potential Brand Threats and Opportunities Presented by Blockchain NFT

Whether you are an existing NFT investor or not, the potential threats and opportunities presented by this new asset class are not something to ignore. In fact, there is a wealth of information on the Internet to help you learn about this topic. Here are a few points to consider.

Online fraud

The Non-Fungible Token (NFT) is a relatively new type of digital asset. Basically, it’s a token that can be assigned a monetary value. In the future, they may be used for driver’s licenses and passports.

The value of NFTs has been on the rise lately. This is a sign of an emerging market with huge potential for brands. However, there are also a few risks associated with it.

Cryptocurrency scams are a common occurrence. These include pump and dump schemes, where the value of a digital token is artificially inflated. Similarly, hackers can infiltrate an NFT chain and sell counterfeits.

Smart contracts are another prominent risk. Using the smart contract technology, an attacker can transfer ownership of an NFT. Alternatively, a phishing attack on an email account could steal users’ private data and redirect their funds to the hackers’ own wallets.

Fake NFT giveaways and fake airdrops are also common. Brands should monitor online brand activity and prevent infringement.

A comprehensive protection program can detect fraud and TM infringements. This can help companies leverage the potential of NFTs without the associated landmines.

Although NFTs can bring brands and consumers alike great benefits, they can also present significant security risks. Some of the best practices to follow when using NFTs are to make sure the marketplace is legitimate, keep up on the latest fads, and train employees to avoid phishing attacks.

One of the most notable NFT-related scams is the rug-pull. This scam involved creating a fake collection of NFTs for a popular children’s brand. When investors purchased the collection, the creators made numerous promises, but the promises didn’t materialize. After raising about a billion dollars, they closed their website and social media accounts.


In the luxury goods industry, collectibles are valuable. The value of these items is based on scarcity. Therefore, a company that can offer unique and engaging experiences to its customers can increase its brand’s popularity and revenue.

Blockchain technology has the potential to improve trust and accountability in the luxury industry. It can also allow brands to track their assets and ensure asset ownership.

Brands can capitalize on the desire for status-oriented products and the emotional attachment to their belongings. They can make huge profits by offering novel experiences to their consumers.

To keep up with the burgeoning NFT market, the luxury industry is jumping on the bandwagon. Fashion brands such as Markarian, Eckhaus Latta, and Altuzarra have offered special NFT collectibles to fashion show attendees.

Nike is leading the charge. The sports company has made a major investment in the digital collectibles space, bringing in $185 million from its NFT collections.

Aside from the collectibles, the company has entered the metaverse. Their first step was to create a virtual world called Nikeland. Since then, they have purchased RTFKT and are working on other projects.

However, while these companies are making great use of NFTs, they are exposing themselves to a range of threats. For example, counterfeiters are creating lookalikes of famous brands and selling them to ignorant customers.

Another threat is the emergence of scammers who target nascent platforms. Some scammers even harvest personal information from consumers. If a brand is not vigilant, it can easily get caught in this trap.

To mitigate the risk of brand infringement, a brand must transition from a reactive to a proactive strategy. Companies should work with brand protection teams to minimize the risk.

Create synergies among collections

In this day and age, brands are able to leverage NFTs to attract previously unreachable audiences and form highly engaging brand communities. They can create a bond with consumers by designing storylines and rewards. Aside from providing symbolic benefits, NFTs can also serve as an innovative way to test potential demand.

Brands have successfully used NFTs to launch collections, offer free merchandise, and gain access to new audiences. One of the most popular strategies involves partnering with existing NFT collections. This can be done by combining physical product launches with the launch of an NFT collection. Some examples of brands that have done this include Adidas and Sandbox.

Brands can create synergies by rewarding NFT holders with exclusive merchandise, premium services, and exclusive merchandise. For example, a brand can reward its most loyal customers with a private yacht party. Or it can reward its most enthusiastic customers with a premium service and access to Discord, a private social networking site.

Using NFTs to create synergies can be tricky. Among other things, it’s important to determine whether you want to release the rights to your NFTs to others. Also, it is worth remembering that you can’t be guaranteed that your NFTs will end up being redeemed. There are a number of nefarious uses of this technology.

As with any marketing campaign, it is critical to analyze the impact of your NFT strategy on your business. In particular, you need to determine the level of tradeoff between protecting the brand and allowing other parties to own the copyright. You can also gauge the effectiveness of your NFTs using a time-series sales model. The NFT has the potential to make your business more efficient.

Protect the ownership of the NFT

With the proliferation of non-fungible tokens (NFTs) over the last few years, brands are discovering ways to capitalize on this new market. However, while NFTs have the potential to enhance the customer experience and drive loyalty, they also present new risks.

Fortunately, there are some methods brands can use to protect their assets. These measures include building relationships with platforms and implementing brand protection technology.

Brands can also protect their assets from counterfeiters, a significant threat to global trade. By incorporating a robust counterfeit detection mechanism into their brand strategy, brands can ensure their products are legitimate.

Companies can also protect their products by issuing certificates of authenticity. This will allow consumers to identify the authenticity of the NFTs they are purchasing. Crypto certificates are offered by several organizations including Bitcoin Suisse and the Origyn Foundation.

The issue of counterfeiting and counterfeit goods is an important one for the luxury industry. To prevent such issues from occurring, companies need to have accurate and reliable supply chain data. An embedded watermark may help with this.

Another important step to take when protecting your brand from the risks of the NFT market is to protect your copyright. Copyright infringement can occur when someone copies your work without your permission. It can also occur when an unauthorized party mints an NFT and sells it.

In addition to preserving your brand’s assets, you can create a powerful bond with your customers through community-oriented aspects of the NFTs. You can encourage NFT holders to engage with you by rewarding them with exclusive merchandise or private parties.

When integrating technology into your marketing strategy, you can also examine how to blend online and offline use cases. For example, you can use a platform such as Discord to connect with your community of fans. Use moderators that are active on the platform to share messages related to your brand.