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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
Takeaways From Jack Daniel’s Latest Dog Toy Win
Law360 quotes Kimberly M. Maynard on the latest decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., in which an Arizona federal judge ruled that a dog toy, which mimics the whiskey maker’s bottles, tarnished the Jack Daniel’s brand. (Behind paywall) View Article
January 30 2025
Fifty-Three Regulators Raise Cyber Expectations with Multi-State Breach Settlement
Cybersecurity Law Report quotes Rick Borden in an article reporting multiple financial regulatory agencies fined Bayview Asset Management and its affiliates $20 million for deficient cybersecurity practices. The regulators chastised the mortgage company for failing to cooperate in investigations following a data breach involving 5.8 million customers. Mr. Borden noted, “regulatory bodies are coming to a consensus that increasing the requirements around cyber are reasonable for these regulated entities.” The article discusses multi-state enforcement trends, offering practical pointers. View article (available through trial or paid subscription).
January 22 2025
Pay Attention to the Delete Act (Even If You Don’t Think You’re A Data Broker)
AdExchanger quotes Daniel M. Goldberg in an article on California’s Delete Act, noting data brokers are required to register by January 31. He explains the definition of data broker extends to any company that collects and sells personal data about consumers, which includes companies using third-party data for targeted advertising. Mr Goldberg also anticipates more enforcement in 2025. View Article
January 21 2025
