“A Tale of Two Lawsuits: Two New York Trademark Actions Against NFT Sales Pose Distinct Challenges to the Burgeoning NFT Marketplace,” New York Law Journal

In an article for the New York Law Journal, Partner Alison I. Stein and Associates Rémi J.D. Jaffré and Andrew C. Elliott discuss the ongoing litigation in two New York trademark cases and unsettled trademark law issues raised by non-fungible tokens (NFTs). They share their insights into the challenges and fundamentally different questions the cases raise within the trademark doctrine which could ultimately shape the rapidly evolving NFT marketplace. 

Ms. Stein is co-chair of Jenner & Block’s Content, Media, and Entertainment Practice and a member of the firm’s Management Committee. Her practice focuses on intellectual property counseling and litigation, and on matters involving online content moderation, content protection, copyright infringement, licensing negotiations and transactions, clearance work, DMCA, trademark enforcement, trade secrets, unfair competition, defamation, entertainment litigation, and contractual disputes.

Mr. Jaffré is an associate in Jenner & Block’s Content, Media, and Entertainment group as well as the Trademark, Advertising and Unfair Competition Practice. He graduated magna cum laude from NYU School of Law in 2013. Prior to joining the firm, Mr. Jaffré clerked for the Honorable Gerard E. Lynch of the US Court of Appeals for the Second Circuit, and for the Honorable P. Kevin Castel of the US District Court for the Southern District of New York.

Mr. Elliott is an associate in Jenner & Block’s Content, Media, and Entertainment group. He received his JD from Columbia Law School in 2020.

Read the article here.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“A Tale of Two Lawsuits: Two New York Trademark Actions Against NFT Sales Pose Distinct Challenges to the Burgeoning NFT Marketplace,” New York Law Journal

In an article for the New York Law Journal, Partner Alison I. Stein and Associates Rémi J.D. Jaffré and Andrew C. Elliott discuss the ongoing litigation in two New York trademark cases and unsettled trademark law issues raised by non-fungible tokens (NFTs). They share their insights into the challenges and fundamentally different questions the cases raise within the trademark doctrine which could ultimately shape the rapidly evolving NFT marketplace. 

Ms. Stein is co-chair of Jenner & Block’s Content, Media, and Entertainment Practice and a member of the firm’s Management Committee. Her practice focuses on intellectual property counseling and litigation, and on matters involving online content moderation, content protection, copyright infringement, licensing negotiations and transactions, clearance work, DMCA, trademark enforcement, trade secrets, unfair competition, defamation, entertainment litigation, and contractual disputes.

Mr. Jaffré is an associate in Jenner & Block’s Content, Media, and Entertainment group as well as the Trademark, Advertising and Unfair Competition Practice. He graduated magna cum laude from NYU School of Law in 2013. Prior to joining the firm, Mr. Jaffré clerked for the Honorable Gerard E. Lynch of the US Court of Appeals for the Second Circuit, and for the Honorable P. Kevin Castel of the US District Court for the Southern District of New York.

Mr. Elliott is an associate in Jenner & Block’s Content, Media, and Entertainment group. He received his JD from Columbia Law School in 2020.

Read the article here.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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