Articles

Your NFT project’s terms of use are probably unenforceable
Licensing, NFTs Michael Eshaghian Licensing, NFTs Michael Eshaghian

Your NFT project’s terms of use are probably unenforceable

One of the topics that generates the most passionate debate within the NFT community is the enforceability of projects’ terms of use. The terms often contain provisions limiting liability for NFT projects, like binding arbitration clauses and class action waivers, and are usually posted on the project’s website. But how enforceable are these terms? Although the answer depends on the facts of the case, applying some well-established legal principles doesn’t bode well for NFT projects seeking to enforce terms against buyers.

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MetaBirkins NFT creator can’t toss Hermès trademark suit
Trademark, Case Alert, NFTs Michael Eshaghian Trademark, Case Alert, NFTs Michael Eshaghian

MetaBirkins NFT creator can’t toss Hermès trademark suit

Although the judge’s decision isn’t on the merits of the case, it’s the first time we’ve gotten insight into how a court views the interaction between trademark law and free speech in the NFT space. Since U.S. courts rely heavily on prior case law and precedent, this decision may be significant for NFT artists and trademark owners going forward.

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