A Burgeoning Area

With Wide-Ranging Legal Considerations

The Fourth Industrial Revolution has been instrumental in reshaping our lives. With blockchain, cryptocurrencies, DeFi, and decentralized technologies, there is no question that we are witnessing a tectonic shift in practically all categories of commerce. When it comes to the intersection of finance, real estateart, and ownership, NFTs (non-fungible tokens) have seen a sudden and enormous rise in popularity, and the multitude of potential use cases is driving billions of dollars of investment into the ecosystem. 

While there is great potential, NFTs implicate various legal considerations and ramifications, including securities laws, contracts, and intellectual property rights, among numerous other regulatory frameworks. Novel questions are raised, such as how centuries-old intellectual property laws apply to 21st-century technology. Courts have embarked on the important task of settling these questions, and we are seeing new laws being made on the trademark, securities, and other legal fronts. We are also seeing civil settlements of varying kinds and motivations, such as in the securities class action involving the NBA Top Shot matter from Dapper Labs of CryptoKitties fame.

At RICHT, our NFT law practice is a part of LexoCrypto™, our dedicated and multidisciplinary service offering focused on the intersection of cryptocurrency and blockchain with the law. We aim to provide clients with an NFT lawyer who can bring much-needed clarity to navigate capitalizing on opportunities within the complex and risk-fraught NFT landscape. 

NFT Law Services We Offer

Intellectual Property Protection

Securities Law & Howey Test Analysis

Contract Formation & Negotiation

Illegal Gambling Considerations

Regulatory Risk Review & Advisory

NFT Marketplace KYC & AML

Data Privacy & Protection

Our Related Blockchain Practices

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… an investment contract for purposes of the Securities Act means a contract, transaction or scheme whereby [1] a person invests his money in a [2] common enterprise and is [3] led to expect profits [4] solely from the efforts of the promoter or a third party… Such a definition…permits the fulfillment of the statutory purpose of compelling full and fair disclosure relative to the issuance of the many types of instruments that in our commercial world fall within the ordinary concept of a security…. It embodies a flexible rather than a static principle, one that is capable of adaptation to meet the countless and variable schemes devised by those who seek the use of the money of others on the promise of profits.

SEC v. W. J. Howey Co.

Inquire About How An NFT Attorney Can Assist With Your Project

    NFT Law News



    USPTO & U.S. Copyright Office Report On NFTs

    The report examines current and future applications of non-fungible tokens; how intellectual property laws apply to NFTs and assets associated with NFTs; intellectual property-related challenges arising from the use of NFTs; and potential ways to use NFTs to secure and manage intellectual property rights.

    The Hollywood Reporter

    SEC Files Charges Against NFT Project ‘Stoner Cats’ Starring Ashton Kutcher, Mila Kunis and More

    The LLC connected to the animated Web3 series, which also stars Jane Fonda, Seth MacFarlane and Chris Rock, agreed to pay a $1 million penalty and return payments to buyers of the NFTs.


    Yuga Labs Has Won Its Lawsuit Against Artist Ryder Ripps for His Copycat Versions of Bored Ape Yacht Club NFTs

    The court found that Ripps and his collaborator had infringed on the company’s trademark.

    Fidelity Digital Assets

    Q&A: Bitcoin Ordinals, Inscriptions, and Digital Artifacts

    Since early 2023, the Bitcoin community has been abuzz with the introduction of “digital artifacts,” or essentially non-fungible tokens (NFTs) on Bitcoin. This guide answers the most pressing questions about what Bitcoin NFTs are, how they work, what the on-chain data shows, and potential benefits and concerns.


    NFT Projects Beware: Top Shots Class Action Could Set Precedent

    A judge says it is plausible Top Shot Moments are securities, and the decision could change the entire NFT industry


    Hermes wins U.S. trademark trial over 'MetaBirkin' NFTs

    A Manhattan federal jury on Wednesday concluded that an artist’s non-fungible token versions of Hermes’ famous Birkin bags violated the French fashion house’s trademark rights.


    Frosties NFT Creators Charged With ‘Rug Pull’ Investor Fraud

    Two 20-year-old Los Angeles men were charged with defrauding investors of more than $1 million by creating a series of NFTs and abandoning the project after selling out of the tokens.


    How NFT Giant OpenSea’s $3 Billion Month Compares to Amazon, eBay and Etsy

    NFT’s industry has seen an enormous rise in popularity in the year 2021. There was more than $2.5 billion in non-fungible token sales volume in the primary and secondary markets during the first half of 2021, and volume has only accelerated since. Breaking the record of the first half of 2021, in August 2021 alone, OpenSea, the most popular NFT marketplace, saw more than $3 billion in NFT sales volume.

    Frankfurt Kurnit

    A Legal Primer on Social Tokens

    Social tokens hold incredible promise for celebrities, brands, creators, and the agencies that support them, but there has been little if any coverage of the legal issues raised by this new technology. This primer aims to do just that: give folks diving into the space, and the lawyers supporting them, some of the key issues and risks to consider.


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