Remove 2017 Remove Cease and Desist Remove Non-Fungible Tokens
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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Non-fungible tokens (‘NFTs’) have occupied a significant space in current legal discourse, in no small part due to the numerous legal questions that have emerged in their wake. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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It’s Not a Bag, it’s a MetaBirkin!

IPilogue

The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.” Hermès’ Action.