Hermès’ representatives and expert witnesses at trial “acted dishonestly at trial” | Defeated ‘artist’ insists that fashion house has tarred his reputation | Full details on renewed motion.
Hermes v. Rothschild is one of the first cases which deals with IP rights of proprietors in the Metaverse and discusses the fine line between an art being creativity of an artist or a recipe for confusion and dilution.
Hermès alleged defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in Birkin word mark and design. Jury disagreed with Rothschild rejecting his First Amendment defense, finding him liable for trademark infringement trademark dilution.