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The Billionaire American rapper and entrepreneur, Kanye West has been at the center of news making the rounds recently with regards to NFTs. Ye as he is now called filed 17 new trademark applications around last month with the US Trademark and Patent office. He listed NFTs in one of the filings with other goods and services such as managing performing artists and professional athletes. The applications which were filed on a 1b basis indicate Kanye’s intent to use the trademark in the future. According to the standard, trademarks already in use are filed on the 1A application. Trademark applications for NFT brands in the US increased from 20 in 2020 to more than 1400 in 2021 according to the record from the US Trademark and Patent Office. With this recent move by Kanye West, he may well be joining other top celebrities such as Kobe Bryant, Jay-Z, and Shaquille Oneal who have filed trademark applications for NFTs. Trademark filing is a common way celebrities roughshod into the NFT space making an initial claim as the practice of launching their projects or giving endorsement to others electrifies the industry.
NFTs bring art and technology together. Blockchain-based NFTs provide patent holders the mechanism to manage the licensing and ownership of their patents. Many have also pointed to the fact that tokenizing patent assets will allow them to be easily traded and commercialized. The immutable nature of the blockchain will be instrumental in automating royalty collecting methods and keeping records of revenue associated with patent assets. Some other benefits include transparency and creating windows for fractional ownership which may allow smaller investors to purchase pieces and batches of the patent as NFTs. The self-executing contracts which are built into many of the NFTs give the buyer all the right to the contract and the right to sue for infringement along with the other benefits which might have contributed to the driving impulse that makes Kanye not be able to look away.
Kanye made the recent multiple filings for patents through his Mascotte Holdings Company. Some of the fields of use Kanye listed in the filings include video game software, Christmas tree ornament, retail stores, board games, and plush toys among others. Specifically, he listed non-fungible tokens together with other stated goods and services as well as the operation of a digital marketplace for trading blockchain-based NFTs, currencies, tokens, assets, and collectibles.
The issue of chain of title is another major concern that cannot be wished away. A US patent assignment, grant, or conveyance, for example, is expected to be recorded in the US Patent and Trademark Office within three months of the conveyance date; else, the prior unrecorded conveyance is void against any subsequent purchaser. This provision may raise the question of how to represent the transactions of patent assets before various IP offices if they are freely traded through blockchain technology.
Beyond just patents, some of the things that will further address the concern of bigshots like Ye is building infrastructure that supports better user experiences and onboarding, cheaper transactions, and a reasonable privacy guarantee. Some of the flaws of the present system are the scaling challenge of delayed withdrawal on layer 2, layer 1 protocols’ struggle with maintaining uptime, and limited privacy guarantee. Ye may be looking at bringing along solutions to these challenges as he takes the initial steps towards hopping on the bandwagon of NFTs and the metaverse. We just never can tell.
Author: Gate.io Observer: M. Olatunji
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* This article represents only the views of the observers and does not constitute any investment suggestions.
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