Partner Mauricio Uribe was quoted in the World Intellectual Property Review article “NFTs on trial: MetaBirkins puts digital art to the test.”
Uribe commented on the high-profile trademark infringement case Hermès International v Rothschild, in which digital artist Rothschild was sued by Hermès after creating non-fungible tokens (NFTs) that resemble the shape of the fashion brand’s Birkin bag and named them ‘MetaBirkins.’
Uribe discussed the two possible outcomes of the case, saying “If Hermès wins on its legal arguments, this case could be interpreted as validation (by at least one court) that the existing legal doctrines are sufficient to address the [Rothschild’s] NFTs without need for changes. This could be considered a victory for trademark owners.”
He added, “If Mr. Rothschild wins, this case could be interpreted as moving the needle in the incorporation of digital images in an NFT context.”
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