Miami Beach, FL asked in Copyright for Florida

Q: Hi, I’m currently making a collection of NFTs (Non-Fungible Tokens) based on Nike’s popular line of Jordan and dunk.

The NFTs are going to be cartoon recreations /drawings of the Jordan and Dunk silhouettes. I was wondering if publishing and selling these would be legal.

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2 Lawyer Answers
Robert Kost
PREMIUM
Robert Kost
Answered
  • Intellectual Property Lawyer
  • Pittsburgh, PA

A: I would suggest that the question is not so much whether publishing and selling the NFTs is "legal," but whether Nike can and would assert their legal rights (trademark and copyright rights) against you for doing so. The answer is probably "yes" to both.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You run the risk of hearing from the owners of those brands.

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