Mason Rothschild and Ericka del Rosario, creators of Metabirkins, a virtual fashion brand being sued by Hermès for trademark issues, are now bringing NFT culture to real life with their brick-and-mortar boutique, Terminal 27.
The past year has seen a surge of investor and public interest in non-fungible tokens ("NFTs"), a blockchain-based unique digital record of ownership that may become one of the building blocks of "web3".
In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v..
Generally speaking, if there is any artistic relevance of the trademark or name used in the content of the work, the use will be protected by the First Amendment unless it is explicitly misleading, claiming “artistic relevance” is not enough to defend a use of a trademark
Generally speaking, if there is any artistic relevance of the trademark or name used in the content of the work, the use will be protected by the First Amendment unless it is explicitly misleading, claiming “artistic relevance” is not enough to defend a use of a trademark