Last month a Manhattan federal jury ruled that the Los Angeles-based artist was liable for trademark infringement, trademark dilution and cybersquatting.
Hermes’ bestselling Birkin handbag has been a windfall for sales, generating more than $1 billion in volume over the past 10 years, according to Hermès executives’ testimony last month.
critic Blake Gopnik, whose work has appeared in The Washington Post, Newsweek and The New York Times, and whose portfolio includes a comprehensive biography of Warhol. Rothschild’s latest filings include claims that court’s “wrongful exclusion” of Gopnik “prejudiced” [the jury against] Rothschild. Asked about the likelihood of Rothschild receiving another judgment or trial, Daniel Tysver, an intellectual property lawyer who does a lot of work in NFTs and blockchains at Forsgren Fisher, said his feeling was that the judge [Jed Rakoff] had given significant thought to the jury’s instructions, which would make it “relatively unlikely” that he would double back on that and allow for a new trial.
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