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Areas of Interest
February 10th, 2023
Now That Birkin NFTs Are Illegal, What Happens to the Ones Collectors Bought?
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Now That Birkin NFTs Are Illegal, What Happens to the Ones Collectors Bought?” published by Observer. The article discusses the landmark case between Hermès and MetaBirkin creator, Mason Rothschild and the challenges associated with destroying the NFT collection. Jeremy is quoted saying, “Taking the MetaBirkins off the market will be nearly impossible. It’s a real unanswered question with blockchain: what happens in the event of infringement?”
Jeremy notes that in typical infringement cases regarding physical goods, a positive ruling would allow a company to impound and destroy the assets. He says, “It’s very difficult to get rid of the tokens or de-link the artwork.” While Hermès can prevent major NFT marketplaces from selling the MetaBirkins, there is not much they can do to prevent the collection’s sale outside of that. Jeremy adds, “It’s not so different than what happens in the real world If a manufacturer creates counterfeit goods, there’s not much control once they’ve left. It’s very hard to put that genie back in the bottle.”
Jeremy also notes that the value of MetaBirkins may see a bump in demand because of their new status as contraband. He identifies customer recourse as another issue made complicated by the digital nature of the case. He says, “Owners of physical assets typically have recourse against those who sell them counterfeit goods, such as fake luxury bags. It’s still unclear whether MetaBirkin holders can extract compensation from Rothschild.”
Read the full article here.
Other Quoted
The Television Academy’s Second Annual AI Summit Pushed Calm—and Concern
IndieWire quotes Andrew Folks who spoke on a panel of legal experts at the Television Academy’s AI Summit at the Saban Media Center in North Hollywood. The speakers addressed AI's impact on the industry and talent. Mr. Folks stated that privacy and copyright laws “are grappling” to address AI. He explained regulatory actions, and the application of copyright law. He also discussed litigation, including how OpenAI and Google in a government proposal argued that fair use protections apply to all copyrighted material used for AI purposes. The article noted, "over 400 A-List Hollywood power players condemned such an action." View Article
March 21 2025
ICAS Announces Winners of the 2025 Global Awards at Annual Meetings in Mumbai
ICAS quotes Jeffrey A. Greenbaum on the importance of advertising self-regulation in protecting consumers and guiding brands on best practices in advertising. An international independent jury of self-regulatory experts chaired by Jeff chose six winners that contribute to responsible marketing practices and a more effective and impactful self-regulatory system. View Article
March 18 2025
Vegas Lights, Industry Nights, and the Future of Games
DICE quotes Sean F. Kane on the legal implications of generative AI in video games, including intellectual property uncertainty, privacy and data risks, and shifting platform policies.
March 17 2025
