I believe this is exactly the question Steve Mould asks the Legal Eagle in a recent video about NFTs [1]. Short answer: it's technically feasible but it would probably be deemed illegal according to the normal legal system.
That makes zero sense.
If you're posting a new NFT that just references the existing URL, you aren't copying anything.
Unfortunately I can't watch the video right now. Care to summarize the reasoning, here? Because it escapes me.
Edit: also I updated the video link so it points to that specific part of the video.
right but specifically what?
which one and how would that play out
if there is no logo or phrase in the picture, then it couldn't be a trademark infringement. and even if there was I would have to look at it case by case, with many cases I don't think it would be applicable. the consumer has to discern with the features that the blockchain provides. if there is a valid consumer protection issue thats with the marketplaces and wallets UI. the lister doesn't have to misrepresent anything if the consumer is buying by looking at pictures alone. and the lister could likely make a compliant and accurate name. "NFT showing Bored Apes"
The thing is, the law isn't just a regex you apply to what the seller said and it tells you if the seller broke the law. That ain't how it works. At the end of the day it's going to come down to whether the seller mislead the buyer.