Case Study

Household Name Takes on IP in Web3

Our globally recognized franchisor client is readying itself to capitalize on the wildly profitable NFT marketplace. Managing the Metaverse is not their forte—but it happens to be ours.

Client Challenge

Our client needed a partner to help enforce their IP rights regarding the minting of NFTs, navigate the ever-shifting Metaverse, and guide them on other token-related IP issues. We were tasked with clearing out NFT platforms of infringing IP uses to enable the client to enter a clean market when it is ready to pursue its own NFTs in the future. No question could remain as to legitimacy/false affiliation when the client starts minting their own NFTs, and unfavorable media coverage and/or community pushback as a result of the client’s NFT enforcement would need to be mitigated.

Strategies, Tactics, and Solutions

Working in concert with General Counsel and other members of the client’s team, we police the Metaverse. We monitor various NFT platforms for NFTs that infringe on the client’s trademarks. We assess which NFTs are unlawfully infringing and what may be subject to claims of fair use. We engage in enforcement and takedowns of infringing NFTs through the Digital Millennium Copyright Act, send cease and desist letters, and otherwise prosecute the client’s rights. To date, our collaboration with our client has been a resounding success.

Favorable Outcomes & Happy Clients

We have successfully taken down/removed over 10,000 infringing NFTs. We’ve received no disputes regarding NFTs that we’ve taken down/ removed, and we’ve avoided needing to participate in formal procedures. We’ve received no negative media coverage relating to our efforts, that we are aware of. We continue to work closely with our client on this and other adjacent matters.