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January 29th, 2023
First NFT Trademark Trial Pits Hermès Against Metabirkin Artist
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “First NFT Trademark Trial Pits Hermès Against Metabirkin Artist” published by Bloomberg Law. The article discusses the French luxury brand Hermès International SA’s trademark trial against digital artist Mason Rothschild. Hermès is arguing that Rothschild violated trademark law by creating and selling “MetaBirkin” NFTs that depict digital images of the famous Birkin handbag. The trial is expected to test the boundaries of artistic expression and how nonfungible tokens are viewed in the eyes of decades-old intellectual property law. Jeremy is quoted saying, “Deciding whether an NFT project is protected art or if it is a digital knockoff subject to trademark law is no easy job. You could have a one-of-one, oil-on-canvas painting that gets sold in a gallery and no one would treat that as merchandise or as a consumer product. But if you take that same painting, and you put it on posters, and you sell 100 of them, then it starts to look more like a commercial product.”
Read the full article and Jeremy’s quotes here.
Other Quoted
Understanding Interactive Entertainment
Games Industry Law Summit quotes S. Gregory Boyd and Sean F. Kane on two decades shaping video game law. The discussion covers key insights on industry evolution and emerging legal challenges. View Article
December 30 2024
Advertising Opt Outs Drive New Privacy Strategies in 2025
Cybersecurity Law Report quotes Daniel M. Goldberg in an article on how the advertising industry is facing greater scrutiny from state attorneys general as more people opt out of targeted ads. Speaking on a California Lawyers Association (CLA) panel, Mr. Goldberg noted how adtech is now a key focus for regulators. Due to the extensive marketing of many companies, privacy program leaders across industries must assess the impact of adtech on their companies and mititgate risks. View article (available through trial or paid subscription).
December 18 2024
The Biggest Copyright Decisions of 2024
Law360 quotes Jacqueline Charlesworth on the Hachette Book Group Inc. v. Internet Archive lawsuit, in which the Second Circuit affirmed a Manhattan federal judge’s ruling that a nonprofit’s scanning books to a create e-books was not fair use. (Behind paywall) View Article
December 17 2024
