cryptonews: A federal jury has ruled that an NFT artist violated the trademark of luxury fashion brand Hermès, setting a precedent on whether & when digital assets created on a blockchain can be considered artworks protected by the First Amendment. 🤓
A federal jury has ruled that an NFT artist violated the trademark of luxury fashion brand Hermès, setting a precedent on whether and when digital assets created on a blockchain can be considered artworks protected by the First Amendment.
Rothschild had argued that his bags were a commentary on animal cruelty in the production of leather goods.The ruling effectively found the MetaBirkin NFTs were more like commodities than artworks, making them subject to strict trademark laws designed to prevent knockoffs from diluting a brand's intellectual property.
That means that artists should "proceed with caution" when promoting their work and limit the use of the trademark to what is "artistically necessary" rather than making it central to a commercial campaign. Hermès had said in court that Rothschild was "stealing the goodwill in Hermès' famous intellectual property to create and sell his own line of products."
The company argued that Rothschild's use of its trademarks in the URL of his website and on social media showed the collection was using the trademarks for commerce rather than artistic expression.
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Hermes wins U.S. trademark trial over 'MetaBirkin' NFTsA 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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Luxury Handbag Maker Wins Trademark Lawsuit Against ‘MetaBirkin’ NFT MakerThe decision for Hermès Paris against MetaBirkin’s creator could set the tone for intellectual property and NFTs going forward.
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Legal Expert Says MetaBirkin Project Intended to Use Hermès’ Brand for Economic GainOlta Andoni, chief compliance officer at financial firm Enclave Markets, said artist Mason Rothschild was looking to “piggyback” off the French luxury brand’s reputation. But even artists who are creating digital art aren't free of consumer protection laws.
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Jury favors Hermes in MetaBirkin trademark dispute, says NFTs are not artThis is the first time a case involving NFTs has been tried through the lens of intellectual property law and is therefore precedent-setting for the digital asset space.
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MetaBirkins maker Rothschild blasts Hermes after NFT trademark decisionNFT creator Mason Rothschild lashed out at Hermès on Twitter after a federal jury ordered him to pay the luxury brand $133,000 for trademark infringement.
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Hermès Wins Case Against Artist Who Sold NFTs of Birkin BagsHermès won in a closely watched intellectual-property trial over an artist who created and sold NFTs depicting the company's Birkin handbag
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