{"id":16593,"date":"2023-01-30T07:22:56","date_gmt":"2023-01-30T07:22:56","guid":{"rendered":"https:\/\/nftandcrypto-news.com\/crypto\/hermes-v-metabirkin-nft-trademark-stoush-heads-to-trial-in-manhattan\/"},"modified":"2023-01-30T07:22:58","modified_gmt":"2023-01-30T07:22:58","slug":"hermes-v-metabirkin-nft-trademark-stoush-heads-to-trial-in-manhattan","status":"publish","type":"post","link":"https:\/\/nftandcrypto-news.com\/crypto\/hermes-v-metabirkin-nft-trademark-stoush-heads-to-trial-in-manhattan\/","title":{"rendered":"Hermes v MetaBirkin: NFT trademark stoush heads to trial in Manhattan"},"content":{"rendered":"
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The trademark infringement trial between French luxury brand Herm\u00e8s and digital artist Mason Rothschild is set to go ahead on Jan. 30 in a Manhattan federal court.<\/p>\n

The luxury brand accused the nonfungible token (NFT)\u00a0artist of trademark infringement for promoting and selling MetaBirkins, an NFT\u00a0collection said to be inspired by the group’s Birkin bags.<\/p>\n

The trial and its related lawsuit in the United States District Court for the Southern District of New York can be first traced back to Jan. 14, 2022, when Herm\u00e8s first filed a complaint\u00a0against Mason Rothschild after the artist allegedly refused to stop selling his NFT collection.<\/p>\n

MetaBirkins depict Birkin handbags covered in colorful fur instead of leather. Source: MetaBirkins Twitter<\/em><\/figcaption><\/figure>\n

According to court documents filed on Jan. 23, Herm\u00e8s argues the collection has improperly used the Birkin trademark and potentially confused customers into believing the luxury brand supports the project.<\/p>\n

Meanwhile, the court docs also reveal Rothschild believes his work is protected under the First Amendment \u2014 which allows for no limits on free expression.<\/p>\n

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Getting big life experience points this week. Putting my big boy pants on \u2014 fighting for myself and everyone who believes in the freedom to create art.<\/p>\n

\u2014 Mason Rothschild (@MasonRothschild) January 26, 2023<\/a><\/p><\/blockquote>\n

A number of intellectual property lawyers and legal experts have commented in the days coming up to the trial, noting the case could have implications for the NFT industry. <\/p>\n

Laura Lamansky, an associate with law firm Michael Best & Friedrich LLP, called the case a “momentous turning point for Web3 and digital goods,” in a Jan. 18 post discussing the trial and its possible implications for the future of the NFT industry. <\/p>\n

“The question remains: to what extent are real-world trademarks enforceable in the digital world? We’ll be watching this case closely to determine how best to bolster rights in the digital sphere,” she said. <\/p>\n

“It will hopefully shed some light on how artwork and the First Amendment interact with consumer goods and NFTs and how far a brand’s rights in its trademarks or products extend in the digital space,” Lamansky added. <\/p>\n

Related: <\/em><\/strong>\u2018Wave of litigation\u2019 to hit NFT space as copyright issues abound<\/em><\/strong><\/p>\n

Blockchain and tech lawyer Michael Kasdan has also been following the case, but he does not appear to think the result will be overly significant. <\/p>\n

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This case focuses on the line between expressive artistic reuse and infringing commercial use. Both sides have excellent counsel. In the end it\u2019s just going to be one district court case data point but definitely an interesting one. #metabirkins<\/a> #hermes<\/a> #NFT<\/a> #TM<\/a><\/p>\n

\u2014 Michael Kasdan (@michaelkasdan) January 28, 2023<\/a><\/p><\/blockquote>\n

“In the end it’s just going to be one district court case data point but definitely an interesting one,” he said. <\/p>\n

Brands and companies have begun to crack down against NFT projects which claim to violate copyright, intellectual property and trademarks.<\/p>\n

On Feb. 4, 2022, Nike filed a lawsuit against StockX for trademark infringement as the online reseller allegedly created NFTs in the likeness of Nike\u2019s sneakers.<\/p>\n

In September 2022, film director Quentin Tarantino had to settle a Miramax lawsuit after base-layer blockchain provider Secret Network announced the auction of \u201cuncut screenplay scenes\u201d from Tarantino\u2019s 1994 film Pulp Fiction as NFTs. <\/p>\n<\/div>\n