
Brand & New
Brand & New is a podcast produced by the International Trademark Association (INTA) and focused on innovation. Published monthly, each episode consists of an open dialogue with experts, visionaries, and influential people from all over the world in order to learn more about the evolution of the legal and intellectual property ecosystem, its concepts, and all actual or potential consequences. Because we consider innovation as a pillar of INTA’s Strategic Plan, and because it is key to “walk the talk,” we invite you to follow Brand & New, to expand your knowledge about the transformation of this industry and to stay curious! Brand & New guests contribute to this podcast in their personal capacity and the opinions expressed (or experiences shared) are their own. They do not purport to reflect the views or opinions of INTA or its members.
Brand & New
The Impacts of Blockchain in the Intellectual Property World: the Gift that Keeps on Giving (with Prof. Pippa Loengard, Columbia Law School & Megan Noh, Partner, Pryor Cashman, USA)
While the art sector did not intuitively seem like a good match for blockchain, overnight, at some point in 2021, everyone started talking about record-setting sales of non-fungible tokens (NFTs) like they had always existed. Just like that, this new application of blockchain made all lawyers’ heads spin fast again. Despite the recent frenzy around them, NFTs actually gained popularity in the niche crypto community back in 2017 when a company, Dapper Labs, started selling NFTs linked to unique digital cat cartoons known as CryptoKitties—and people went crazy for them.
What are NFTs, and how are they challenging IP law? What does it even mean to own and NFTs, and what type of rights do they convey to their owner? What do they mean from an IP perspective?
Our first guest today is Professor Philippa Loengard, an attorney who serves as Director and Lecturer in Law at the Kernochan Center for Law, Media, and the Arts at Columbia Law School in New York City. At the institution since 2006, she focuses her research on issues surrounding the visual arts and entertainment industries. Prof. Loengard is also particularly interested in issues of taxation as they pertain to the arts and the rights of authors and creators.
Our second guest is Megan Noh, a partner with Pryor Cashman LLP, in New York City and co-chair of the firm’s Art Law Group. She has over 15 years of combined experience in private practice and both in-house legal and business positions in the auction world. She is sought after for her extensive knowledge of the complex issues impacting today’s art market, including transactional matters and artists’ rights.
Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats
FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Megan Noh (link to https://www.linkedin.com/in/megannoh/)
About Prof. Pippa Loengard (link to https://www.linkedin.com/in/pippa-loengard-6a2ab96/)
Also of interest:
- JD Supra-NFTs : Legal Risks from ‘Minting » Art and Collectibles on Block Chain
- INTA Daily News: A Leap of Faith
- INTA Bulletin: NFTs, Brands, and the Metaverse
- INTA Bulletin: Webcast Explores Non-Fungible Tokens and their IP Issues
- INTA Bulletin: The Many Implications of Innovation
- Megan Noh's publications: https://www.pryorcashman.com/megan-e-noh/publications
- Artnet: Hermes Is Suing a Digital Artist for Selling Unauthorized Birkin Bag NFTs in the Metaverse for as much as Six Figures
- Pymts.com: Hermes Trademark Lawsuit Against Metabirkins NFT Artist Moves Forward