The 'MetaBirkins' case, in which luxury brand Hermès has attempted to protect its trademarks while artist Mason Rothschild has asserted the right to artistic expression, has reached the Second Circuit of the US Court of Appeals. In this article, Withers' intellectual property partner Gina Bibby analyses the court's comments during a recent oral argument and what brand owners and creatives can learn from it.
The case, which concerns the creation of NFT-linked images portraying digital versions of Hermès' Birkin bag, challenges fundamental issues of artistic freedom, the use of commercial brands in art and the rights of brands to protect their image and reputation. Read more here.
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