Hermès Wins Lawsuit; Jurors Not Convinced NFTs Are Art

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The verdict means First Amendment protections did not apply to a digital project blurring the line between art and business.

Hermès swiftly sued the artist, Mason Rothschild, over the NFT project he called “MetaBirkins,” arguing that the company’s trademark was being diluted and that potential consumers might be fooled into buying the unaffiliated virtual goods.

On Wednesday, a nine-person federal jury in Manhattan determined that Rothschild had infringed on the company’s trademark rights and awarded Hermès $133,000 in total damages. The jurors also found that his NFTs were not protected speech.

https://www.nytimes.com/2023/02/08/arts/hermes-metabirkins-lawsuit-verdict.html
 
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