A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues
IP and Legal Filings
MAY 24, 2024
Firstly, it unanimously found the creator of MetaBirkin NFTs guilty of trademark violation on all three counts. Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’. The nine-person jury made two important observations.
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