Legal issues related to NFTs

Non-fungible tokens (NFTs), as a new technology, represent a particularly recent innovation offering fascinating prospects for the future. However, this advancement brings numerous uncertainties regarding the legal framework applicable to NFTs and their optimal management. Consequently, specialized legal assistance is essential to receive advice tailored to your Web 3.0 project and effectively manage any potential NFT-related disputes.

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At Dreyfus, our team of experts is at your disposal to assist in resolving infringements and disputes related to your copyrights, trademarks, and domain names associated with NFTs, including:

  • Disputes related to moral and economic rights
  • Disputes related to licensing of copyright on NFT works
  • Issues of fair use and copyright limitations
  • Unauthorized use and exploitation of trademarks in .nft, .crypto, .wallet, .coin, .bitcoin, .dcl, .eth
  • Infringement disputes
  • Disputes over NFT trademark registration (e.g., opposition and nullity)
  • Monitoring, cease and desist, pre-litigation, and litigation
  • Alternative dispute resolution, mediation, and arbitration
  • Disputes related to NFT agreements, land agreements, crypto-agreements, and NFT-related contractual disputes.

Attention, stay alert to:

.eth and .dcl.eth

Domains like .eth and .dcl.eth represent non-fungible digital certificates attesting to the ownership of an original creation, similar to a certificate of authenticity or property. These are unique identifiers that can be traced with extreme precision and stored in the owner’s digital wallet. It is important to note that the value of an NFT lies not in the NFT itself but in the authenticity and uniqueness it represents.

.NFT, .crypto and .coin

Extensions like .NFT, .crypto, and .coin are new forms of smart contracts integrated into the blockchain, classified as Zeb extensions. These NFT domains are stored in crypto wallets, such as Metamask, enhancing security through self-custody and exclusive ownership. A single payment is required to acquire these domains, with no renewal fees, a distinctive feature of this type of domain. Regarding the transfer of extensions like .eth or .dcl.eth, it is important to note that only the initial owner has the capability to transfer the domain to a third party.

What should I do if a third party has registered an .eth or .dcl.eth domain name that reproduces my trademark without my authorization?

Although common for some, the following steps can help minimize any negative impact:

  • Buy the NFT from its current owner
  • Identify the current owner and negotiate the sale price
  • Dereference the NFT/domain name on marketplaces
  • Block the renewal of the domain name

Get answers to your NFT and intellectual property questions today

Have questions or concerns about your current or future NFTs? Contact one of our experts today. Our team is ready to help resolve your issues and provide the peace of mind you seek.

Defend your digital rights with our NFT dispute expertise

Dreyfus brings its internationally renowned expertise to serve its clients

  • Representation in NFT disputes

    We represent clients in NFT-related disputes, including infringement actions and commercial disputes.

  • Dispute analysis and evaluation

    We offer dispute analysis and evaluation services to determine the best strategy for defending and protecting your NFTs.

  • Negotiation and amicable resolution

    We negotiate amicable settlements to resolve conflicts efficiently and protect your interests.

  • Compliance and regulation advice

    Our experts advise on regulatory compliance and best practices to prevent NFT-related disputes.

  • Protection and defense strategy

    We develop tailored strategies to defend your rights and protect your NFTs from violations.

  • Monitoring and surveillance

    We provide continuous monitoring to detect any infringement of your NFT rights and take swift action to enforce them.

FAQ on NFT Disputes

It is crucial to act quickly. Our experts can represent you and take legal action to resolve the conflict effectively.

How can I protect my NFTs from disputes?

We advise on regulatory compliance and best practices to minimize litigation risks.

What are the benefits of negotiating amicable settlements?

Negotiation resolves conflicts quickly and economically, protecting your interests without lengthy legal proceedings.

How do you monitor my NFTs?

We continuously monitor to detect any infringement of your rights and take swift action to enforce them.

Can you help me evaluate a potential dispute?

Yes, we offer dispute analysis and evaluation services to determine the best strategy for defending and protecting your NFTs.

Do you provide advice on staying compliant with NFT regulations?

Yes, we advise on practices and regulations to follow to avoid disputes and protect your digital assets.