Hermès vs. MetaBirkins: The NFT Case That Could Have Major Trademark and Artistic Consequences

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Hermès vs. MetaBirkins: The NFT Case That Could Have Major Trademark and Artistic Consequences
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The trial between Hermes_Paris and MasonRothschild over his MetaBirkins NFT project came to a close on Monday in a case that could determine whether trademark rights extend to the digital sphere. camgthompson and rosieperper report

at the US District Court for the Southern District of New York on January 30, 2023.After six days, the courtroom assembled Monday for closing arguments from the Hermès and Rothschild's lawyers ahead of the jury's deliberations.

"The NFT market is immature and highly speculative, and most people don’t know how it works," he added. Warshavsky additionally highlighted that dilution to the Hermès brand stems from using the Birkin name in the NFT collection itself. He claimed that the more people who use a given trademarked name, the fewer people associate it with the original brand. Using the international coffee chain Starbucks as an example, he noted that if an entrepreneur chose to make a sportswear company called Starbucks, over time, the name Starbucks would hold less value as a café brand.

"This case is one of the first and arguably the most prominent lawsuits to ever focus on trademarks and NFTs and whether trademark rights extend to the digital sphere,", senior counsel at Greenspoon Marder LLP, told CoinDesk."This case could very well set a legal precedent not only for trademarks in the context of NFTs, but for all digital assets as they relate to fair use and free speech.

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