The trial over whether an NFT collection depicting products made by French Luxury brand Hermès infringes on its copyright is about to go to trial.
The trademark infringement trial between French luxury brand Hermès and digital artist Mason Rothschild is set to go ahead on Jan. 30 in a Manhattan federal court.
The trial and its related lawsuit in the United States District Court for the Southern District of New York can be first traced back to Jan. 14, 2022, when Hermès first filed a complaint against Mason Rothschild after the artist allegedly refused to stop selling his NFT collection. Meanwhile, the court docs also reveal Rothschild believes his work is protected under the First Amendment — which allows for no limits on free expression.
Laura Lamansky, an associate with law firm Michael Best & Friedrich LLP, called the case a"momentous turning point for Web3 and digital goods," in a Jan. 18"The question remains: to what extent are real-world trademarks enforceable in the digital world? We'll be watching this case closely to determine how best to bolster rights in the digital sphere," she said.
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