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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
CalPrivacy Hits Ford for Opt-Out Friction in Connected Car Sweep Under CCPA
Privacy Daily recently quoted Andrew Folk’s blog post in the article “CalPrivacy Hits Ford for Opt-Out Friction in Connected Car Sweep Under CCPA.” Read more.
March 9 2026
California Disney Fine Pushes Companies to Fully Honor Opt-Outs
Bloomberg Law quoted Daniel M. Goldberg in their recent article about how California fined Disney $2.75 million for allegedly failing to fully honor consumers’ opt-out requests under the California Consumer Privacy Act, signaling increased scrutiny of how companies implement privacy rights across devices, services, and systems. The enforcement action underscores regulators’ growing expectation that opt-out mechanisms must work seamlessly and consistently, with technical compliance now under closer investigation. Read more.
February 25 2026
California’s attorney general issues largest CCPA fine to date
IAPP quotes Daniel Goldberg on evolving privacy enforcement trends, emphasizing the significant cost and complexity of responding to high-profile investigations and the challenges companies face in aligning technology with regulatory expectations under the California Consumer Privacy Act (CCPA). Read Read more.
February 13 2026
