Study commissioned by the European Parliament on non-fungible tokens and intellectual property

In October 2022, the Committee on Legal Affairs of the European Parliament published a commissioned study on non-fungible tokens and intellectual property. Before any regulation, the study calls for consensual definitions of distributed ledger technology concepts. On trademarks, it recommends extending filings to virtual assets (classes 9, 41 and 42) and harmonising their classification; it also highlights NFTs as authentication tools, as with Breitling’s blockchain passports for watches. Enforcement remains the weak point: detection of infringements is “the biggest challenge” — AI and preferably voluntary upload filters are suggested — while smart contracts could allow infringing NFTs to be sent to burn wallets. The study stresses marketplace self-regulation and notes that private international law struggles: the lex rei sitae is unworkable for distributed ledgers, inviting subjective connecting factors. Nike v. StockX and Hermès v. Rothschild, then pending, illustrate the stakes.

DNS and Web3: How Can We Avoid Importing Cryptosquatting into the DNS?

The DNS and blockchain-based alternative naming systems are converging, with projects such as .BLOCKCHAIN and the .ROBOT cryptoTLD seeking to operate the same string in both worlds. In August 2026, ICANN's Technical Study Group released an Initial Report on integrating gTLDs with alternative naming systems, built on a "string + controller" principle: the same name must remain under the same control across systems, with its status kept in sync. In September 2026, the SSAC supported this synchronisation but noted that applying the UDRP and the URS becomes difficult when a registrant exists only in an alternative system, without conventional registration data. The WIPO Arbitration and Mediation Center warns that cybersquatting is already widespread in these systems: mapping names automatically into the DNS would import existing infringements. Trademark owners therefore need functionally equivalent protection mechanisms, including a way to prevent infringing names from being activated, as initiatives like Unstoppable Domains joining GlobalBlock have begun to show.

24 September 2026
Initially published on iptwins.com

Web3: New Opportunities and Growing Threats for Brands

Web3 offers brands a double-edged frontier. On the opportunity side, NFTs let houses like Nike and Gucci engage consumers through virtual experiences and authenticated digital goods. On the threat side, anyone can mint an NFT reproducing a trademark — the MetaBirkins litigation (Hermès v. Rothschild) being the emblematic case — and blockchain domains such as .eth or .sol live in a decentralised, minimally regulated space with no equivalent of the UDRP. Litigation remains costly and out of reach for most brands, while decentralisation defeats traditional enforcement and calls for international cooperation. The article closes with a proactive playbook: register trademarks in classes 9 and 42, monitor NFT marketplaces actively, pursue rapid takedowns, and secure blockchain domains before others do — because in Web3, prevention is worth far more than cure.

11 February 2026
Initially published on iptwins.com

Online Trademark Infringement: When the Corporate Veil Does Not Shield the Director

In a judgment of 7 October 2026 (No. 25-14.170), designated for publication in the Bulletin and the Rapport, the Commercial Chamber of the French Court of Cassation clarified when the manager of an SARL may be held personally liable for trademark infringement committed through the company's e-commerce website. First, the civil court must determine whether the acts personally attributed to the manager constitute the intentional criminal offence of trademark infringement under Article L. 716-10 of the French Intellectual Property Code. If they do, the offence is misconduct separable from corporate duties under Article L. 223-22 of the Commercial Code, and no prior criminal conviction is needed. Second, the manager's refusal to ensure compliance with a court order requiring the company to produce accounting and commercial documents is itself separable misconduct, even though the order was addressed to the company and not to him. Rights holders thus have two independent routes to the director's personal liability.

26 October 2026
Initially published on iptwins.com

Rush and Distribution: A Sector Map of the 2026 Reveal Day

On 7 October 2026, ICANN published the applications filed in the first new gTLD round since 2012: 1,614 primary applications for 986 distinct strings, submitted by 480 entities. That is fewer than in 2012 (1,930 applications for 1,409 strings), with evaluation fees now at USD 227,000, but the round is more contested: 55% of applications face a competitor, against 39% in 2012. Assigning each string to a sector reveals a demand driven by digital technology. Artificial intelligence is the most fiercely disputed sector, with .AGENT drawing thirteen applicants, and the leading AI companies have secured their own names. Brands have responded with restraint: 333 .BRAND applications, one in five, only nine of them French. Geographic names, so prominent in 2012, have almost disappeared, while niches such as health and the professions are emerging, including a community application for .AVOCAT. For trademark owners, the priority is to screen the list before the objection period opens on 17 November 2026.

9 October 2026
Initially published on iptwins.com

Article Information

Author

Emmanuel Gillet

Publication Date

28 November 2022

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