The trademark infringement trial between French luxury brand Hermès and digital artist Mason Rothschild will resume on January 30 in Manhattan federal court.
The luxury brand accused the nonfungible token (NFT) artist of trademark infringement for promoting and selling MetaBirkins, a collection of NFTs said to be inspired by the group’s Birkin bag.
The trial and related lawsuits in the United States District Court for the Southern District of New York can be traced back to January 14, 2022, when Hermès first filed a complaint against Mason Rothschild after the artist refused to sell NFTs. collection.
According to court documents filed on January 23, Hermès said the collection improperly used the Birkin brand and may have misled customers into believing the luxury brand supported the project.
Meanwhile, court docs also reveal Rothschild believes his work is protected under the First Amendment – which places no restrictions on free expression.
Earn big life experience points this week. Put my big boy pants on – fight for me and everyone who believes in the freedom to make art.
– Mason Rothschild (@MasonRothschild) January 26, 2023
Several intellectual property lawyers and legal experts have commented in the coming days, noting the case could have implications for the NFT industry.
Laura Lamansky, an associate with law firm Michael Best & Friedrich LLP, called the case “an important turning point for Web3 and digital goods,” in a January 18 post discussing the trial and its possible implications for the future of the NFT industry.
“The question remains: to what extent can real-world trademarks be enforced in the digital world? We will watch this case closely to determine the best way to strengthen rights in the digital sphere,” he said.
“We hope to shed some light on how artwork and the First Amendment interact with consumer goods and NFTs and to what extent brand rights in trademarks or products extend into the digital space,” Lamansky added.
related: A ‘wave of litigation’ to hit the NFT space due to numerous copyright issues
Blockchain and technology lawyer Michael Kasdan has also been following the case, but he doesn’t think the results will be very significant.
This case focuses on the line between artistically expressive reuse and infringing commercial use. Both have good advice. In the end it will only be one data point of the district court case but it is certainly interesting. #metabirkins #hermes #NFT #TM
— Michael Kasdan (@michaelkasdan) January 28, 2023
“In the end it’s just going to be one data point of the district court case but it’s certainly interesting,” he said.
Brands and companies have started to fight back against NFT projects claiming they infringe on copyright, intellectual property and trademarks.
On February 4, 2022, Nike filed a lawsuit against StockX for trademark infringement because the online retailer allegedly created NFTs in the likeness of Nike shoes.
In September 2022, film director Quentin Tarantino will have to settle a Miramax lawsuit after the base layer blockchain provider Secret Network announced the auction of “uncut screenplay scenes” from Tarantino’s 1994 film Pulp Fiction as NFTs.