FRB Partner Moish E. Peltz Quoted in USPTO and USCO Joint Report to Congress

FRB Partner Moish E. Peltz, Esq. was quoted in a recent report to Congress from the United States Patent and Trademark Office (USPTO) and United States Copyright Office (USCO). The March 2024 Non-Fungible Tokens and Intellectual Property report was a joint study on intellectual property law and policy implications of non-fungible tokens (NFTs). Moish is Co-Chair of FRB’s Digital Asset Practice Group and Chair of the Intellectual Property Practice Group.

The report follows a USPTO Roundtable on Trademarks and non-fungible tokens, where Moish presented on the topic. Moish’s comments were cited in the report to emphasize that NFTs offer brand owners new opportunities to strengthen their brand identity and reach broader audiences. Moish’s comments were also cited for the proposition that significant challenges remain in describing trademark goods and services to define NFT use cases, both past and present, with Moish stating, "How do I describe a goods and services description for that? And it's being shoehorned into something that may fit one slice of what an NFT is, but it's prohibitive, perhaps, of a broader function as it exists today and much more so as it may exist going forward." Lastly, Moish’s comments were quoted in the report in context of the potential need for congress to draft new laws to cover NFTs and IP, with Moish remarking that there may be “a need to tweak or modernize the laws. That time may come. I don't think we're close to that time yet.”

Overall, the report underscores the opportunities and intellectual property-related challenges associated with NFTs. Learn more and read the report here: https://www.uspto.gov/sites/default/files/documents/Joint-USPTO-USCO-Report-on-NFTs-and-Intellectual-Property.pdf

If you need attorney support with navigating the complexities of NFT-related trademark applications or require assistance in leveraging intellectual property within the emerging digital asset ecosystem, do not hesitate to reach out to our Digital Assets or Intellectual Property Practice Groups at (516) 599-0888 or by filling out the form below.

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