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  • #51|Landmark Court Case Marks Europe's First Ruling On NFT Trademarks

#51|Landmark Court Case Marks Europe's First Ruling On NFT Trademarks

Web3 goes global — from Europe to Thailand to Maine

Estimated Read Time: 5 mins

Hey friends,

Welcome back to another edition of Morning NFTea! We hope you had a lovely Thanksgiving, whether you're based in the US or elsewhere. 

This week, we're taking a trip around the globe from Europe to Thailand, where NFTs are gaining traction in a variety of innovative applications. But first, a stop in the Northeastern state of Maine...

Maine Lobster Replaces Loyalty Cards With NFTs

The evolution of loyalty programs via NFT integration is not a new concept — back in September, we saw Starbucks announce that they would incorporate NFTs into their loyalty program, offering digital ownership, token-gated utility and dynamically leveled rewards to their 40 million daily customers.

Although Maine Lobster may not be a corporation at the scale we usually cover, the fresh seafood delivery company is pioneering how businesses can utilize NFTs by bringing their delivery membership into web3.

The Lobster Perks+ NFTs aim to benefit their entire customer base: the free entry-level pass Crew Club+ provides discounts on seafood deliveries and merchandise, whereas the second-tier Captains Club+ includes eight lobster tails, wholesale prices, upgrades, and even a lobster-scented candle for a total of $350. For diehard lobster fans, the luxury Diamond Club+ costs $2,000 yearly and comes with 100 pounds of live, wild-caught lobster that will be delivered over 12 months.

Holders of this futuristic loyalty program will also be entered into a draw for prizes like free lobster deliveries, merchandise, and once-in-a-lifetime fishing trips. Maine Lobster is definitely an early adopter of incorporating NFTs into loyalty programs, but their implementation and utility are an awesome example of how NFTs are giving businesses new avenues to positively interact with their customers in an empowering way.

Landmark NFT Court Case In Europe

Legal news may not be the most exciting, but earlier this week we witnessed the first time that a European court made a decision regarding NFTs and trademark infringement, setting an important legal precedent.

Juventus FC is a famous professional football club from the top tier of the Italian football league. After the club saw part of their brand used by NFT firm Blockeras without their permission, Juventus quickly took it up in court.

The firm in question had been creating and selling NFTs that featured former Juventus FC players and several visual elements from the club, like the signature black and white stripes and the ‘Juve’ name.

The court case concluded with the judge ruling Blockeras conduct as trademark infringement, ordering the company to stop selling or advertising these NFTs, landmarking the first instance of NFTs as trademark infringement in Europe. As one of the most innovative digital developments of the last few years, the recent emergence of NFTs has highlighted major legal issues that need to be figured out on our road to mainstream adoption, but steps and milestones like this court case edge us ever closer to a more refined and structured Web3.

Thailand Government Issuing NFTs

NFTs know no boundaries — which is why we love covering stories about new use cases and applications! With that in mind, let's take a trip to Thailand...

Launched by the Tourism Authority of Thailand, the "Amazing Thailand NFTs" initiative aims to provide unique and memorable experiences to tourists as they travel the country. Available at 5 major cultural landmarks, this collection with a limited-edition supply of 3,999 will be available through a QR code at dedicated kiosks around Chinea Town, Siam Square, the Ancient City in Samut Prakan, Wat Arun and Giant Swing. 

The NFTs will unlock token-gated access to deals and discounts, as well as free experiences if they collect 3 NFTs from 3 locations.

“This Amazing Thailand NFTs brings our NFT products – Nature to keep, Food to explore, and Thainess to discover – into actual trips and offers new experiences… The initiative is also part of the drive to create a ‘new tourism ecosystem’ towards a more sustainable industry."

Yuthasak Supasorn, Governor of Thailand Tourism Authority

With over 35 million visitors each year, the fact that Thailand — one of the most popular tourist destinations in the world — is choosing to embrace NFTs as a way to connect people and places in new ways is an awesome example of how NFTs are not just for the metaverse, but are also here to level up our real world. 

Kellogg’s New Licensing Deal With Pudgy Penguins NFTs

When it comes to cereal, Kellogg’s is top of the food chain as the world's largest producer of breakfast goodness. Now, they join a long list of legacy brands transitioning to Web3 with their launch of an NFT-focused arm of their business called The Br3akfast Club.

Its first order of business was teaming up with popular NFT project Pudgy Penguins for a new licensing deal that puts the iconic penguin onto a cereal box. Announced through Twitter, Pudgy Penguins revealed the team-up with Kellogg’s iconic Tony the Tiger to revamp a special cereal box. 

According to The Br3akfast Club, minting one of their NFTs entitles "a physical, officially licensed Kellogg's cereal box collectible. Each box contains Anonymous merch & a QR code, which can be scanned to redeem additional prizes, such as NFTs from Pudgy’s collection".

Theres more than meets the eye with this story: it signifies how NFTs have fostered online communities where the IP can be utilized by corporate partners to boost brands. NFTs change the game because the ones benefiting from the Pudgy Penguin IP are not just the creators, but the community who built and grew the community in the first place, creating a flywheel effect where communities share a stake in the success of the IP they choose to share and represent. The best way to grow a brand is to have your community have a vested interest in its success, and it looks like Kellogg's sees the potential of such a concept and is choosing to embrace this Web3 future.

Hope you enjoyed this edition! Enjoy your next couple of days and we will be right back at ya with the next roundup of NFT innovations and news. Take care!

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DISCLAIMER: 

None of this is financial advice. This newsletter is strictly educational and is not investment advice or a solicitation to buy or sell any assets or to make any financial decisions. Please be careful and do your own research.