In the recent article, “Why Hermès’ MetaBirkins Lawsuit Has High Stakes for Brands and Creators”, featured in The Business of Fashion, Partner Preetha Chakrabarti expands upon her insights from the her previous blog posts on non-fungible tokens (“NFTs”) and the metaverse. Previously, Chakrabarti reported on how the designer, Hermès, sued an individual named Mason
FTC Updates (July 25-29, 2022)
The FTC made a big splash this week when it filed an injunction to block Meta from buying a virtual reality company, arguing that the acquisition was anticompetitive. This filing follows Chair Khan’s comments at the April 2022 Antitrust and Competition Conference focusing on mergers as an enforcement priority, and her view that agency inaction is worse than the risk of agency backlash. This story and more after the jump. …
Crowell Provides Insights on Meta Logo Trademark Suit
In a recent Law360 article titled, “Meta Logo Suit May Test How Virtual TM Disputes Unfold,” Partner Preetha Chakrabarti provided her insight on a lawsuit against the similarity between Meta’s infinity-loop logo to a Swiss blockchain company’s logo and the increase in moving, multidimensional logos in the digital space. In the article, Chakrabarti emphasized the…
See You in the Metaverse: What Brands Need to Know
In recent months, the metaverse, a term that is meant to encompass a mixture of virtual reality and augmented reality, has increasingly become a conversation topic for companies and consumers. Companies have begun to invest in this space and have started staking out virtual property on platforms like Decentraland and The Sandbox. Lawsuits and trademark applications have also popped up alongside these investments. This recent legal activity indicates that the metaverse will be a critical area for companies to begin to learn about and monitor to ensure they are adequately protecting their intellectual property and avoiding risk.
In January 2022, designer Hermès sued an individual named Mason Rothschild in the Southern District of New York for his creation and sale of “Metabirkins,” which are non-fungible tokens (“NFTs”) that resemble fur-covered versions of Hermès’ iconic Birkin bag. Among other things, the complaint alleges that Rothschild has engaged in trademark and trade dress dilution and infringement by selling his NFTs, one of which has already sold for $40,000, just as one would by selling a counterfeit physical bag. Interestingly, Hermès’ complaint notes that the defendant’s activity is preempting Hermès from entering the NFT market itself.
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