OWN-R

Nike is suing an online marketplace for launching non-fungible tokens (NFTs) based on Nike shoes.

In its lawsuit, which was previously covered by The Fashion Law, Nike notes that StockX has launched nine limited-edition Vault NFT series, and eight are linked with Nike shoes. It claims this has produced a collection of digital items that look like official Nike goods. “StockX almost exclusively used Nike’s marks to launch its Vault NFTs because it knew that doing so would garner attention, drive sales, and confuse consumers into believing that Nike collaborated with StockX on the Vault NFTs,” it says. “StockX is using Nike’s to market, promote, and attract potential purchasers.”

StockX denied the allegations in a statement sent by communications VP Katy Cockrel. “Our Vault NFTs depict and represent proof of ownership of physical goods stored in our vault that customers can trade on our platform. StockX Vault NFTs are not digital or virtual sneakers. We do not state or imply that our Vault NFTs are associated with, sponsored by or officially connected to any third party brand,” it reads. “StockX undoubtedly has the right to provide our customers with this new and innovative approach to trading current culture products, and we plan to vigorously defend our position.”

The infringement claims here raise different issues. Under a legal concept called the first sale doctrine, marketplaces can typically resell goods — and display images of those goods that include — without an intellectual property holder’s permission. “I think you would say StockX has the right to have a marketplace where they display Nike goods,” says attorney Moish Eli Peltz. “What StockX is saying is, well, we’re fundamentally doing the same transaction, but we’re just making an NFT to stand in the place of the physical shoes.” Nike, on the other hand, argues that the NFTs are a separate product taking advantage of its branding.

With the popularity of NFTs gradually increasing, it won’t be the last crypto trademark fight.

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On October 29, Netflix filed a trademark application for SQUID GAME for use in relation to Bath and shower gels, the application can be found here: https://tsdr.uspto.gov/ =97100377&caseType=SERIAL_NO&searchType=statusSearch

Tesla has filed a new application with the United States Patent and Trademark Office, but it isn’t for the Cyberquad itself. Instead, the patent covers two classes: Games, Toys and Sporting Goods, and Clothing. The Cyberquad first appeared in late 2019 as a CyberTruck sidekick. The Cyberquad looks like a futuristic ATV with a very sleek set of flat surfaces, edges, and nice thick wheels. It was shown to drive up the CyberTruck pickup and charge right on it.
The trademark application for the Cyberquad was filed on September 23 and will be assigned to an examining attorney “approximately six months after the filing date.” This will likely be used for some Cyberquad apparel in Tesla’s online shop.
Tesla does not yet hold the for the Cyberquad itself. The most recent update to that timeline came in April when the USPTO granted an extension to Tesla as the automaker requested an extension of time to file a Statement of Use.
As for the Cyberquad itself, Musk said in 2019 that the two-person ATV would come at first as an option for the Cybertruck as an add-on. The most recent development regarding the Cyberquad was that Musk wanted to release the ATV at the same time as the Cybertruck. Tesla recently pushed back the projected production date of the Cybertruck to late 2022, nearly a year later than initially anticipated.
What do you think of the for Cyberquad apparel? Is this to create interest for the Cyberquad, which will be released soon? Or is there some other reason? Only time will tell