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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
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 AGs as more people opt out of targeted ads. The report covers Google’s backtracking on plans to block third-parties’ tracking cookies amidst adtech’s adoption of cookieless personal identifiers; upcoming legal decisions; and compliance areas that adtech should consider in the coming year. View article. (Behind paywall. Contact author Matt Fleischer-Black for complimentary PDF.)
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
Deciphering the New CPPA Proposed Regulations for Data Brokers
Cybersecurity Law Report quotes Daniel M. Goldberg on the CPPA's proposed regulations that expand upon and clarify key provisions of the Delete Act, broadening the universe of what entities constitute a data broker. (Behind paywall) View Article
December 12 2024
