NBA Top Shot NFTs are securities, judge says in landmark case; in contrast to recent Hermès case ruling NFTs as consumer products

so this is a big deal for 2 reasons:

https://www.bloomberg.com/news/articles/2023-02-08/hermes-gets-win-over-metabirkins-in-first-nft-trademark-trial

The jury determined that the NFTs are more akin to consumer products subject to strict trademark laws that protect brands

however, as shown, that was a Manhattan jury’s determination. moreover, it was purely in the context of copyright infringement by NFTs—not necessarily what they ultimately are.

meaning the consumer product determination was in relation to copyright and this NFTs should be beholden to strict copyright rules as consumer products are

this new case, however, was ruled by US district judge

and is certainly stronger precedent as at the heart of it was ‘what NFTs ultimately are’.

/r/technology Thread Link - bnnbloomberg.ca