Takeaways from the Hermès Litigation over MetaBirkins NFTs
LexBlog IP
MARCH 9, 2023
They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v. .”
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