Infringement of Trademark Rights

Dear Users and followers,

Due to the increasing number of trademark owner applications to our platform “https://hebys.io”, which is an NFT search and sales platform, it has become necessary to share this announcement with you, our esteemed users.

Disputes arising from the use of famous trademarks in NFT artworks, which have frequently come to the agenda especially in the last few years, have started to come to the agenda in terms of NFTs, which are digital artworks exhibited on our platform. In this context, trademark right holders apply to our platform for both the display of NFT versions of their trademark logos and the removal of NFT artworks containing their trademark logos.

Today, both international and domestic brands, especially in the clothing and accessories sector, create digital twins of their brands in order to protect the gains of their brand reputations and possible future earnings from this sector in the digital world, register their brand logos to include NFT protection in this context, and display the NFT versions of their brand logos in digital stores on NFT platforms.

In terms of the applications made to us regarding the infringement of trademark logos by NFT artworks, it is not always possible to remove the NFT subject to the complaint, especially in terms of NFTs that have some personality, since NFTs are separate works of art and it is not possible for us to evaluate whether the trademark right infringement comes to the fore or not if the trademark logos are used in visuals that are works of art.

Apart from this situation, if your trademark logo is not used in a work of art with personality and you are of the opinion that unfair gain is made from your trademark, we kindly ask you, our esteemed users, to add your trademark registration record “covering NFT protection” in accordance with the relevant NICE classes to your complaint applications in such a case. Otherwise, since the evaluation of whether your brand logo that you use in physical branches is used as a digital version of your physical store in a way that misleads the consumer will include a legal evaluation, our platform will not be able to make it and your application may be responded negatively.

Apart from this, we would like to recommend an example of a practice we have seen in the international network to our esteemed users that opening your digital NFT store on an NFT platform of your choice with your registered trademark logos, including NFT protection, will be more effective in terms of protecting your rights and reaching young consumers.

Sincerely,
Hebys Inc.