Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up for Alerts
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Areas of Interest
February 3rd, 2023
Trademark Lawsuits from Hermès and Yuga Labs Could Shape the Future of NFTs
Blockchain Technology Co-Chair Jeremy S. Goldman is quoted in the article, “Trademark Lawsuits from Hermès and Bored Ape Yacht Club Could Shape the Future of NFTs” published by Observer. The article discusses two trademark trials that are set to define what can be classified as artwork or assets. Hermès is suing digital artist Mathon Rothschild over his collection of 100 digitally depicted Birkin handbags as NFTs. Yuga Labs is suing artist Ryder Ripps, who created his own collection of Bored Ape NFTs. Jeremy says a central question at the heart of these cases is whether NFTs are assets or works of art. He is quoted saying, “Are they more like merchandise or a product, or more like art? Where NFTs fall on that spectrum is an open question and will depend on the NFT, but also could help define what NFTs are.”
Jeremy notes, “If defined as artwork, NFTs would be granted much more leeway when it comes to trademark infringement.” He said that it’s more likely that Ripp’s defense in the Yuga Labs case will focus on the argument that his collection didn’t cause consumer confusion and was different enough from the Bored Ape NFTs to not compete with them. In conclusion Jeremy says, a decision for Rothschild or Ripps could see digital artists feeling more emboldened to use appropriation in their work and push the envelope, with companies being more conservative in moving to protect their rights.
Read the full article here.
Other Quoted
‘Trump Too Small’ Opinion Leaves Some Justices, Attys Vexed
Law360 quotes Kimberly M. Maynard on the recent 'Trump Too Small' apparel trademark that the U.S. Supreme Court unanimously concluded was not a free speech violation. View Article
June 14 2024
Addiction-Treatment Startups Are Raking in VC Money—and Amassing Millions in Fines
Inc. Magazine quotes Daniel M. Goldberg on the recent explosion of venture funding in addiction treatment startups and the various legal and privacy concerns that come with building technology that has outpaced the scope of current regulations. (Behind paywall) View Article
June 11 2024
Rachel Sennott’s HBO comedy pilot welcomes 4 new cast members
Variety mentions Frankfurt Kurnit as counsel to actor, writer, and producer Jordan Firstman, who will join Odessa A'zion, Miles Robbins, and True Whitaker in Rachel Sennott's upcoming HBO comedy pilot. View Article
June 10 2024