Chamber of Digital Commerce Supports Hermés in MetaBirkins Case
The Chamber of Digital Commerce (CDC) has filed a brief in support of French design house Hermés in the ongoing MetaBirkins case. This case has significant implications for the application of trademarks to digital assets in the Metaverse and beyond.
Hermés Wins Legal Battle
A federal jury ruled in favor of Hermés, finding artist Mason Rothschild guilty of cybersquatting and brand dilution. Rothschild created non-fungible tokens (NFTs) called “MetaBirkins,” depicting Birkin bags, which he sold for thousands of dollars. The ruling requires Rothschild to pay $133,000 to Hermés, along with damages caused by cybersquatting.
The Fight Continues
Rothschild plans to fight the verdict and has stated that this is not the end of the case. He argues that his artworks are not fake Birkin bags but rather imaginative depictions. However, the CDC’s brief supports Hermés’ claim that its established brand identity gives value to MetaBirkins.
Preserving Trademark Protection in the Digital Space
The CDC’s brief emphasizes the importance of trademark protection for digital goods and argues that companies offering digital products should receive the same level of trademark protection as physical goods sold in the real world. The outcome of this case will have implications for how trademarks are applied to digital assets.
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