The trademark infringement lawsuit between the French luxury fashion house Hermes and famous non-fungible token artist Mason Rothschild has gotten closer to the determination stage after several months of waiting.
Hermes And Rothschild Lawsuit Enters The Final Stage
The legal battle between the French luxury fashion house and the digital artist began looming in 2021 after Mason Rothschild launched his NFT collection titled MetaBirkins, a term related to brand Birkin name that Hermes uses as a signature to its handbag brands.
Hermes International filed a lawsuit against Rothschild in January 2022, alleging him of trademark infringement. The luxury fashion house claimed that the NFT artist stole the intellectual property to create and sell non-fungible tokens.
At the time, Rothschild responded to the allegations, describing the claims tabled by Hermes as baseless. The 28-year-old non-fungible token artist said he hoped to set an example in the art and NFT spaces:
“I am not creating or selling fake Birkin bags. I’ve made artworks that depict imaginary, fur-covered Birkin bags. The fact that I sell the art using NFTs doesn’t change the fact that it’s art.”
Hermes Lawsuit Will Determine The Future Of NFTs
Hermes and Rothschild’s lawsuit, which entered the final determination stage earlier this week, has attracted the attention of a massive community from both the crypto and legal sectors. The lawsuit will solve the legal puzzle between trademarks, NFTs, and First Amendments rights.
In an interview with Coindesk, Gai Sher, the senior counsel at Greenspoon Marder LLP, said that the Rothschild infringement case is arguably one the most prominent lawsuits to ever focus on trademarks and NFTs and whether trademark rights extend to the digital sphere. He added:
“This case could very well set a legal precedent not only for trademarks in the context of NFTs but for all digital assets related to fair use and free speech. One of the essential questions in this case thus far has been how the court will analyze trademark infringement claims in connection with NFTs.”
In the meantime, the lawsuit is set for determination before the end of this month. The suit will deliberate on what defines the value of digital collectibles in the nascent non-fungible token sector, whether “it’s the image or the actual product.
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