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Southern District of New York Reaches Verdict In Hermès’ Lawsuit Against MetaBirkins

A jury trial in the Southern District of New York reached a verdict in Hermès’ lawsuit against MetaBirkins.

It has been reported that the court ruled that artist Mason Rothschild had violated the trademark protections of the brand Hermès. Rothschild’s 100 “Metabirkins” nonfungible tokena (NFTs) were found to not be artistic commentary and not protected by the First Amendment of the United States Constitution.

However, according to a report by Vogue Business, a nine-member jury found Rothschild liable for trademark infringement, trademark dilution, and “cybersquatting,” awarding Hermès $133,000 in damages. The decision marks the first time the relationship between digital art, NFTs, and physical fashion has been addressed in court.

The report said that Hermès argued that NFTs represent a new product category, while Rothschild argued that there is no such thing as a digital twin. Rothschild said he plans to appeal the verdict.

He shared:

“A broken justice system that doesn’t allow an art expert to speak on art but allows economists to speak on it. That’s what happened today. What happened today was wrong. What happened today will continue to happen if we don’t continue to fight. This is far from over.”

Likewise, this case is expected to have far-reaching implications for the use of NFTs by artists and for the protection of intellectual property in the metaverse. Blockchain and tech lawyer Michael Kasdan, who has been following the case for a while, now shared his thoughts on the ruling on Twitter.

Kasdan said:

“It would have been more surprising and a ‘bigger deal’ in terms of changing the status quo if Rothschild had won.”

Thus, as previously reported, court documents filed on January 23 revealed that Hermès believed that the collection improperly used the Birkin trademark and potentially confused customers into believing the luxury brand supported the project.

Source: Cointelegraph



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