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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
4 Takeaways From 1st Opinion on AI Training and Fair Use
Law 360 quotes Jacqueline Charlesworth on the Third Circuit ruling granting summary judgment to Thomson Reuters, in a case alleging tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters’ Westlaw platform to create a competing legal research tool. Ms. Charlesworth stated the ruling is significant because many AI companies are asserting transformative use, in interpreting The Andy Warhol Foundation v. Goldsmith case. (Behind paywall) View Article
February 13 2025
Thomson Reuters Prevails in Copyright Battle with AI Company
MediaDailyNews quotes Jeremy S. Goldman on the federal court decision that Ross Intelligence infringed Thomson Reuters’ copyright by training its services using Westlaw summaries, known as “headnotes.” Mr. Goldman states the ruling could impact lawsuits by other copyright owners over the use of their material to develop AI. However, he distinguishes some of the high-profile cases such as those against OpenAI in training ChatGPT. He notes OpenAI argues it did not copy material to compete with authors and publishers but to create its language model and technology. View Article
February 12 2025
What a Character
Boston College Law School Magazine quotes Jeffrey A. Greenberg in a profile of Michael Schiffer, founder of S2 Advertising Law, and the former legal director at Twitter. The article titled "What a Character" notes that Mr. Greenberg was on the hiring committee that recruited Mr. Schiffer to join Frankfurt Kurnit’s Advertising group, where he worked for more than 10 years. View Article
February 11 2025
