The trademark infringement trial between the French luxury brand Hermès and the digital artist Mason Rothschild will be held on January 30 in a federal courthouse in Manhattan.
The luxury brand accused the non-fungible token (NFT) artist of trademark infringement for promoting and selling MetaBirkins, a collection of NFTs inspired by the group’s Birkin bags..
The trial and related lawsuit in the United States District Court for the Southern District of New York date back to January 14, 2022, when Hermès filed a complaint against Mason Rothschild after the artist allegedly refused to stop selling his NFT collection..
According to court documents filed on January 23, Hermès argues that the collection has misused the Birkin brand and may mislead customers into believing that the luxury brand supports the project..
For his part, court documents also reveal that Rothschild believes his work is protected by the First Amendment, which allows no limits on free speech.
Getting big life experience points this week. Putting my big boy pants on—fighting for myself and everyone who believes in freedom to create art.
—Mason Rothschild (@MasonRothschild) January 26, 2023
I’m getting huge life experience points this week. I put on my big boy pants, fighting for myself and everyone who believes in the freedom to create art.
Several intellectual property lawyers and legal experts have made comments in the days leading up to the trial.noting that the case could have implications for the NFT industry.
Laura Lamansky, an associate at law firm Michael Best & Friedrich LLP, called the case a “momentous turning point for Web3 and digital products” in a post. published on January 18 in which he discussed the trial and its potential implications for the future of the NFT industry.
“The question remains: to what extent are real world brands applicable in the digital world? We will closely follow this case to determine the best way to strengthen rights in the digital sphere,” he said..
“Hopefully it will shed light on how artwork and the First Amendment interact with consumer goods and NFTs and how far a brand’s rights to its brands or products go in the digital space,” Lamansky added..
The lawyer specialized in blockchain and technology Michael Kasdan has also been following the case, but does not seem to believe that the result is going to be too significant..
This case focuses on the line between expressive artistic reuse and infringing commercial use. Both sides have excellent counsel. In the end it’s just going to be one district court case data point but definitely an interesting one. #metabirkins #Hermes #NFT #TM
—Michael Kasdan (@michaelkasdan) January 28, 2023
This case straddles the line between expressive artistic reuse and infringing commercial use. Both parties have excellent lawyers. It’s just going to be a district court case in the end, but an interesting one for sure. #metabirkins #hermes #NFT#™
“In the end, it’s just going to be a district court case, but it’s certainly an interesting one,” he said..
Brands and companies have started cracking down on NFT projects that they claim violate copyrights, intellectual property and trademarks.
On February 4, 2022, Nike filed a lawsuit against StockX for trademark infringement, as the online reseller allegedly created NFTs in the likeness of Nike’s sneakers..
In September 2022, film director Quentin Tarantino settled a Miramax lawsuit after the Secret Network announced the auction of “uncut script scenes” from Tarantino’s Pulp Fiction (1994) as NFT.
Clarification: The information and/or opinions expressed in this article do not necessarily represent the views or editorial line of Cointelegraph. The information presented here should not be taken as financial advice or investment recommendation. All investment and commercial movement involve risks and it is the responsibility of each person to do their due research before making an investment decision.
Keep reading:
Investments in crypto assets are not regulated. They may not be suitable for retail investors and the entire amount invested may be lost. The services or products offered are not directed or accessible to investors in Spain.