In a move that helped define the terms of trademarks in the metaverse, a judge awarded Hermès a victory in their case against Mason Rothchild for his MetaBirkin NFTs.
What this means?
- Freedom of expression is not an end-all-be-all defense for artists. You can’t just throw out the first amendment as a clock of invincibility.
- Brands can successfully pursue intellectual property cases in the metaverse, provided they have the basis for arguments.
I am personally pleased with the verdict. From my limited exploration, Rothchild was pretty much just selling Birkin bags for the virtual world. The commentary about luxury that he claims to have been making seems to have just been, “People want luxury. I can make money from that.” Now that Hermès will be entering the metaverse with their own products, I am curious to see what they will look like and how they will be priced. And how will the MetaBirkin be perceived by the market moving forward? Will they be considered dupes or only increase in value because of the ruling?
Source:
Brittain, B. (February 8, 2023). Hermes wins U.S. trademark trial over ‘MetaBirkin’ NFTs. Reuters. https://www.reuters.com/legal/hermes-wins-us-trademark-trial-over-metabirkin-nfts-defendants-lawyer-2023-02-08/
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