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In one of the first intellectual-property trials over the popular digital tokens known . Los Angeles-based Rothschild released 100 digital “Metabirkin” NFTs, which .
CNN — A Manhattan federal jury on Wednesday concluded that an artist’s non . In one of the first intellectual-property trials over the popular digital tokens known as NFTs, the jury found artist Mason Rothschild's unauthorized "MetaBirkins" were likely to confuse consumers. Los Angeles-based Rothschild released 100 digital “Metabirkin” NFTs, which parlayed Hermès’s iconic leather handbag into a digital collectible in 2021. The luxury brand filed a lawsuit in January 2022 stating that the Birkin-like images, and associated NFTs, infringe on its trademark protections. CNN — A Manhattan federal jury on Wednesday concluded that an artist’s non-fungible token versions of Hermes’ famous Birkin bags violated the French fashion house’s trademark rights.
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An artist who sold non-fungible tokens featuring digital depictions of Birkin handbags has been ordered to pay 3,000 in damages to the brand’s owner Hermès, a victory for the French luxury.
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In other words, a metaverse-ready depiction of a handbag might be treated as valuable as a physical one. On the other hand, a Metabirkins win would be a warning sign to brands to continue to file to protect their marks in the digital realm — even if they don’t have plans to enter the space. On the other hand, Hermès focused on how Rothschild’s actions would impair its ability to enter the metaverse space itself and that consumers would be confused as to the source of the MetaBirkin NFTs.
On Wednesday, a Manhattan federal jury ruled in favor of Hermès in its lawsuit against artist Mason Rothschild over his collection of NFT versions of Birkin bags — "MetaBirkins," as they were. In an early test of the application of intellectual property law to non-fungible tokens, a New York federal jury found that an artist’s NFTs inspired by Hèrmes’ famed Birkin handbags infringed the luxury fashion house’s trademark. French luxury brand Hermès is suing an artist for making knock-off handbags—in the metaverse, that is. The case reveals just how much of a Wild West 3 remains for artists and businesses alike.
Hermès has won its lawsuit against the artist Mason Rothschild, who made MetaBirkin NFTs of the French brand's iconic Birkin bag. In one of the first intellectual-property trials over the popular digital tokens known as NFTs, the jury found artist Mason Rothschild's unauthorized "MetaBirkins" were likely to confuse consumers. Los Angeles-based Rothschild released 100 digital “Metabirkin” NFTs, which parlayed Hermès’s iconic leather handbag into a digital collectible in 2021. The luxury brand filed a lawsuit in January 2022 stating that the Birkin-like images, and associated NFTs, infringe on its trademark protections. CNN — A Manhattan federal jury on Wednesday concluded that an artist’s non-fungible token versions of Hermes’ famous Birkin bags violated the French fashion house’s trademark rights.
An artist who sold non-fungible tokens featuring digital depictions of Birkin handbags has been ordered to pay 3,000 in damages to the brand’s owner Hermès, a victory for the French luxury. In other words, a metaverse-ready depiction of a handbag might be treated as valuable as a physical one. On the other hand, a Metabirkins win would be a warning sign to brands to continue to file to protect their marks in the digital realm — even if they don’t have plans to enter the space. On the other hand, Hermès focused on how Rothschild’s actions would impair its ability to enter the metaverse space itself and that consumers would be confused as to the source of the MetaBirkin NFTs.
On Wednesday, a Manhattan federal jury ruled in favor of Hermès in its lawsuit against artist Mason Rothschild over his collection of NFT versions of Birkin bags — "MetaBirkins," as they were. In an early test of the application of intellectual property law to non-fungible tokens, a New York federal jury found that an artist’s NFTs inspired by Hèrmes’ famed Birkin handbags infringed the luxury fashion house’s trademark.
French luxury brand Hermès is suing an artist for making knock-off handbags—in the metaverse, that is. The case reveals just how much of a Wild West 3 remains for artists and businesses alike.
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