“Hermès sues digital artist Rothschild for unauthorized NFT collection featuring Birkin bag”

January 30, 2023 57 4

“A BAG OF TRICKS”

“The trial between Hermès and Rothschild heats up in Manhattan fed court over Metabirkins NFTs

It’s a battle for the ages in the Big Apple as the french luxury brand Hermès takes on digital artist Rothschild in a trademark infringement trial. At the heart of the matter, the MetaBirkins NFT collection, said to be inspired by Hermès’ Birkin bags, and the artist’s promotion and sale of the collection.

Hermès filed the complaint on Jan. 14, 2022, after Rothschild refused to stop selling the NFTs. The luxury brand argues that the collection uses the Birkin trademark without permission and could mislead customers into thinking the brand supports it.

But Rothschild believes his work is protected by the First Amendment and free expression. The trial has caught the attention of legal experts and IP lawyers, as it could have major implications for the NFT industry. Will real-world trademarks be enforceable in the digital world? We’ll have to wait and see.

This case follows other high-profile NFT lawsuits, such as Nike vs StockX and Tarantino vs Miramax. As the NFT market grows, brands are cracking down on projects that they believe violate their IP and trademarks.

Stay tuned as the trial unfolds and we witness a momentous turning point for Web3 and digital goods. The outcome could shape the future of NFTs and the interplay between artwork, consumer goods, and the First Amendment. It’s gonna be a wild ride.”

Written by: Di-VerZe

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