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Chamber of Digital Commerce Supports Hermès in MetaBirkins Case
On February 9, the Chamber of Digital Commerce (CDC) filed an amicus curiae brief in support of French design house Hermès in the MetaBirkins case. This case has significant implications for how trademarks are applied to digital assets in the Metaverse and beyond.
Implications for the Digital Economy
The CDC’s amicus curiae brief emphasizes that the outcome of this case will set a precedent for the entire digital economy. It aims to ensure that trademarks, which are synonymous with trust and quality in the physical world, carry the same weight in the digital realm.
Federal Jury Rules in Favor of Hermès
A federal jury in Manhattan recently ruled in favor of Hermès in the case against artist Mason Rothschild. The jury found Rothschild guilty of cybersquatting, brand dilution, and violating the fashion house’s “Birkin” trademark. As a result, Rothschild has been ordered to pay $133,000 to Hermès and an additional $23,000 for damages caused by cybersquatting.
Rothschild’s Response
Despite the ruling, Rothschild has expressed his intention to continue fighting the verdict. He maintains that his creations, known as “MetaBirkins,” are works of art and not attempts to sell counterfeit Birkin bags.
Comparison to Andy Warhol’s Artistry
Rothschild had initially likened his work to Andy Warhol’s iconic art, particularly the portrayal of branded images. However, the CDC’s brief challenges this comparison, emphasizing that Hermès’ established brand identity and the unique features attached to digital goods contribute to their value.
The CDC argues that digital goods offered by companies like Hermès deserve the same trademark protection as physical goods sold in the real world. It suggests that the identification features attached to these digital goods allow them to be bought and sold online in a manner similar to physical products.
At present, it is uncertain whether Rothschild will file an appeal against the verdict.
Ian is a cryptocurrency enthusiast blending humor with professionalism. With an engineering background and a storyteller's heart, he simplifies the blockchain world with sharp analysis and a touch of wit. At Cryptowire, he brings his unique perspective to make digital financial innovation accessible to all.
