The trial between Mason Rothschild and luxury brand Hermes is a major milestone in NFT history.
The big trial is all eyes on Mason Rothschild, a digital artist who is fighting for his rights to sell and promote his MetaBirkin NFT Collection.
Rothschild is being accused by the French luxury brand of trademark infringement in its NFT collection. The collection features Hermes’ Birkin name, and the Birkin handbags are reimagined by Rothschild.
Hermes claims that the collection misused the Birkin trademark in an improper manner. Hermes also believes that Rothschild’s digital art confuses customers and leads them to believe that the luxury brand has some connection.
Rothschild, on the other hand, claims that his work is protected under the First Amendment which guarantees freedom to express one’s opinions.
A defining moment for NFTs
The case Hermes International v. Rothschild could have wide-reaching implications. Hermes, an investor in the metaverse, feels that its Birkin brand was inappropriately used by the digital artist. The trial will reveal more about how trademark laws in the real-world impact the digital world.
If Rothschild wins against Hermes, for example, it will allow free expression in digital space. In contrast, if the MetaBirkin NFT collection is defeated, digital art will have to be more cautious.
These NFTs show Birkin handbags covered in colorful fur.
Key testimony exclusion
Blake Gopnik, an art critic, will not be able testify against Rothschild as the trial continues. Gopnik is the author ‘Warhol,’ a biography of Andy Warhol for 2020.
Mason Rothschild is attempting to make a comparison between his digital art and Andy Warhol’s famous silk-screen prints from Campbell’s soup cans.
However, Rothschild’s expert witness will not testify, unless the judge orders otherwise.
Rights in digital space
It appears that intellectual property lawyers are closely monitoring the Hermes v. Rothschild matter. Laura Lamansky, an associate at law firm Michael Best & Friedrich LLP, said about the case: “It’ll hopefully shed some light on artwork and NFTs and what brand rights extend in the digital realm.”
NFT News Today: Hermes takes on MetaBirkin NFTs in Trial
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