The United States put a man on the moon on this day in 1969. I salute America’s ingenuity and ongoing commitment towards excellence. #USAmemorabilia pic.twitter.com/Kr7hJUC63w
— $MELANIA TRUMP (@MELANIATRUMP) July 20, 2023
Companies or individuals wishing to use NASA imagery, emblems, or identifiers on merchandise must have that usage approved by the agency; NASA states that “strict laws and regulations” govern this approval process.
In this case, Trump and the USA Memorabilia $NFT platform she used may not have filed a request with NASA, or may have had a request rejected, as NASA strictly prohibits $NFT-related uses of its intellectual property.
Decrypt reached out to USA Memorabilia for comment on this story, but did not immediately receive a response.
Perhaps complicating matters, though, is the fact that images produced by federal agencies such as NASA are part of the public domain, and therefore can be used for free. If NASA were to seek legal action against Trump, it's unclear how far such a suit could go.
Judging by history, such an aggressive move by the federal agency is unlikely. A NASA attorney previously told The Los Angeles Times that though the organization can send cease-and-desist letters to merchants who violate its policies, NASA leadership tends to prefer more amicable routes to compliance, including informal conversations with merchants.
Making matters in this case more particular, however, is the fact that NFTs appear to be the only class of merchandise banned in all circumstances from utilizing NASA images.
NASA did not immediately respond to Decrypt’s request for comment on this story.
Trump has been quite active in the $NFT space. Last month, she debuted a line of NFTs commemorating moments in American history, after first launching Solana $NFT projects in late 2021.
Meanwhile, former President Donald Trump's own $NFT collection spiked in price in March after he was indicted on criminal charges by a New York grand jury. He then wiped out those gains by releasing a second batch of digital trading cards in April, heavily diluting the initial project’s value.