“MetaBirkins” NFT creator loses trademark fight with Hermès

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“MetaBirkins” NFT creator loses trademark fight with Hermès
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Some early guidance on the NFT legal morass.

in court that his work hewed to a long-standing tradition of artists depicting branded products, including Andy Warhol’s images of Campbell’s soup and Coca-Cola, and “comments on the animal cruelty inherent in Hermès’ manufacture of its ultra-expensive leather handbags” with its fur design. “These images, and the NFTs that authenticate them, are not handbags; they carry nothing but meaning.”

Hermes argued that the series “simply rips off Hermès’ famous Birkin trademark,” calling Rothschild “a digital speculator who is seeking to get rich quick by appropriating the brand.” Rothschild apparently earned around 55.2 Ethereum tokens, currently around $91,000, from his work. And Hermès argued that MetaBirkins would make it harder for Hermès to potentially offer its own NFTs in the future.than they were in late 2021 and early 2022.

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