‘No More First Amendment Smokescreen’ for NFTs?

Luxury house Hermès won its lawsuit against MetaBirkin creator Mason Rothschild, which is characterized as a victory for brands. Trademark lawyers are enjoying the downfall of the so-called ‘First Amendment smokescreen’.

Finnegan partner Mark Sommers told the World IP Review that, “Rothschild's narrative “simply unravelled” in the face of evidence that Rothschild “deliberately sought to profit from the goodwill Hermès had developed in its Birkin trademarks.”

Mark explained, “Rothschild’s story was a “familiar refrain, with impulsive appeal. He sought artistic safe-haven—drawing parallels between himself and Andy Warhol—and casting himself as an artist who simply created transformative art stemming from Hermès trademark rights in its Birkin bags.”

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