February 10, 2023
Vogue Business
Hermès triumphed against artist Mason Rothschild in their lawsuit claiming the artist’s “Metabirkin” NFTS infringed their trademarks. Rothschild is expected to appeal, and this case is likely to set a precedent for defining what is artistry and who owns it.
Vogue Business interviewed Finnegan partner Mark Sommers about his take. “The verdict was a surprise to some. “[The] verdict bucked trending focus on artistic expression under the First Amendment in favour of trademark infringement and consumer protection.”
He added, “That Rothschild “callously intended to profit from his exploits, undermin[ed] his front as an ‘artist’ to reveal the work of a ‘swindler’, as the presiding judge noted.”
Read “What the Metabirkins Verdict Means for the Future of Web3 Fashion”
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