直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

What the Metabirkins Verdict Means for the Future of Web3 Fashion

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”

Tags

infringement

Related Practices

Trademark and Brand Management

Related Industries

Consumer Goods and Services

Consumer Products

Related Offices

Washington, DC

Related Professionals

Mark Sommers
Partner
Washington, DC
+1 202 408 4064
Email

Related News

Commentary

Valve’s ‘Patent Troll’ Verdict Points to Laws, Licenses as Tools

February 26, 2026

Commentary

Finnegan Team Secures $240M Jury Verdict After PTAB Success

February 3, 2026

Media Mention

Comcast Hit With $240M Verdict in Voice Recognition IP Trial

January 27, 2026

Press Release

Finnegan Secures $240 Million Jury Verdict for Promptu in Patent Case Against Comcast

January 26, 2026

Commentary

What xAI’s Challenge to California’s Generative AI Disclosure Law Means for Trade Secrets

January 6, 2026

Commentary

MetaBirkins Appeal Resurrects ‘Fair Use’ NFTs Debate

October 31, 2024

Commentary

Patent Plausibility Faces Uncertain Future at the EPO

February 21, 2024

Commentary

Future Apple Watch Sales Hinge on Next Steps in Patent Row

January 8, 2024

Press Release

Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo

November 10, 2023

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP