News & Analysis as of

Trademarks › Cybersquatting › Non-Fungible Tokens (NFTs)

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

Lippes Mathias LLP on

If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Goodwin

MetaBirkins Post-Trial Ruling Clarifies Line Between Trademark Infringement and Free Expression and Grants Broad Injunctive Relief

Goodwin on

On Friday, June 23, 2023, Judge Jed Rakoff issued a highly anticipated decision, permanently enjoining artist Mason Rothschild from selling “MetaBirkin” NFTs, which depict furry, digital versions of the Hermès signature...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

Latham & Watkins LLP on

In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

Dinsmore & Shohl LLP on

Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

Stark & Stark

The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress

Stark & Stark on

In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”)...more

Shutts & Bowen LLP

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

Shutts & Bowen LLP on

Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the...more

Polsinelli

Jury Sides with Hermès in Pivotal NFT Trademark Case

Polsinelli on

On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more

Nelson Mullins Riley & Scarborough LLP

NFTs Found to Infringe Hermès Trademark

Nelson Mullins Riley & Scarborough LLP on

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...more

Morrison & Foerster LLP

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

ArentFox Schiff

Breaking News - Hermès Makes History With First NFT Trademark Trial Victory

ArentFox Schiff on

A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide