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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

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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Fashion In The Metaverse : The Law And Protection

IP and Legal Filings

Expansion of Legal Protections By deterring imitated products, trademarks safeguard a company’s identity and the image of its brand(s), especially in the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

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