The trademark infringement trial between French luxury brand Hermès and digital artist Mason Rothschild will take place on January 30 in Manhattan federal court.
The luxury brand charged the non-fungible token (NFTs) trademark infringing artist for promoting and selling MetaBirkins, an NFT collection said to be inspired by the group's Birkin bags.
The trial and related lawsuit in the United States District Court for the Southern District of New York first dates back to January 14, 2022, when Hermès first filed a complaint against Mason Rothschild after the artist allegedly refused to stop selling his NFT. collection.
According to the court documents Unveiled on January 23, Hermès argues that the collection has misused the Birkin trademark and potentially misled customers into believing that the luxury brand supports the project.
Meanwhile, court documents also reveal that Rothschild believes his work is protected by the First Amendment, which allows no limits on free speech.
Get great life experience points this week. Putting on my big boy pants, fighting for myself and everyone who believes in the freedom to create art.
—Mason Rothschild (@MasonRothschild) January 26, 2023
Several intellectual property lawyers and legal experts have commented in the days leading up to the trial, noting that the case could have implications for the NFT industry.
Laura Lamansky, an associate at law firm Michael Best & Friedrich LLP, called the case a "momentous turning point for Web3 and digital goods," in a January 18 statement. to post discussing the trial and its possible implications for the future of the NFT industry.
"The question remains: to what extent are trademarks in the real world enforceable in the digital world? We will be watching this case closely to determine how best to enforce rights in the digital sphere," he said.
"Hopefully it sheds some light on how artwork and the First Amendment interact with consumer goods and NFTs and how far a brand's rights extend to its trademarks or products in the digital space," Lamansky added.
Related: 'Litigation wave' to hit the NFT space as copyright issues abound
Blockchain and technology lawyer Michael Kasdan has also been following the case, but doesn't seem to think the outcome is too significant.
This case focuses on the line between expressive artistic reuse and infringing commercial use. Both parties have excellent advice. In the end, it's just going to be a data point from the district court case, but definitely an interesting one. #metabirkins #Hermes #NFT #TM
—Michael Kasdan (@michaelkasdan) January 28, 2023
"In the end, it's just going to be a data point from a district court case, but definitely an interesting one," he said.
Brands and companies have begun cracking down on NFT projects that claim to violate copyrights, intellectual property, and trademarks.
On February 4, 2022, Nike filed a lawsuit against StockX for trademark infringement as the online reseller allegedly created NFTs in the likeness of Nike sneakers.
In September 2022, film director Quentin Tarantino had to settle a Miramax lawsuit after base layer blockchain provider Secret Network announced the auction of "uncut scripted scenes" from Tarantino's 1994 film Pulp Fiction as NFT.
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