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French luxury fashion house Hermès International has notched another win in its infringement case against artist Mason Rothschild, after a Manhattan judge ordered a permanent injunction on all "MetaBirkin" non-fungible token sales. Hermès initially submitted the request to the Southern District of New York in March to block all sales
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Hermès International, the French luxury fashion house, has requested a Manhattan federal court to block artist Mason Rothschild from marketing or owning his "MetaBirkin" non-fungible tokens (NFTs) following a recent jury decision that found Rothschild had violated Hermes' trademark rights in its famous Birkin bags, as reported by Reuters. French luxury
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French luxury brand Hermes has won a lawsuit against an artist who depicted its famous Birkin bags in a non-fungible token (NFT) collection. The artist argued that NFTs should be covered under the U.S. Constitution’s First Amendment but the jury disagreed. Hermes Wins Lawsuit Against ‘Metabirkins’ NFT Creator French luxury design house
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Olta Andoni, chief compliance officer at financial firm Enclave Markets, says that Mason Rothschild was looking to “piggyback” off of the French luxury brand’s reputation. But even artists who are creating digital art aren't free of consumer protection laws. Original Source
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On Feb 8, a jury trial in the Southern District of New York reached a verdict in Hermès' lawsuit against MetaBirkins. The court ruled that artist Mason Rothschild had violated the trademark protections of the brand Hermès. Rothschild's 100 "Metabirkins" NFTs were found to not be artistic commentary and therefore
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David Leichtman, Leichtman Law managing partner, told CryptoX TV on Tuesday that the case wasn’t necessarily about Mason Rothschild’s use of the protected Birkin brand. Rather, it was about whether he intended to mislead consumers into believing the MetaBirkin NFTs were associated with Hermès’ flagship product. Source
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Imitation may be the sincerest form of flattery, but not when it comes to the increasingly lucrative market of digital collectibles, determining what crosses the line into wrongful conduct will be a tricky matter. Source
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