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Text of decision in Hermes v Rothschild (MetaBirkins) denying Motion to Dismiss

By Marty Schwimmer on May 20, 2022

SDNY: Judge Rakoff applies Rogers test to METABIRKIN NFTs. Plaintiff sufficiently pled that use of BIRKINS mark in relation to digital images of MetaBirkins likely clears “artistic relevance” prong. However, Hermes sufficiently pled that defendant’s use may have been explicitly misleading. For example, defendant had referred to the reputation of the BIRKINS mark and his desire to create a metaverse equivalent.

metabirkins decision mtd

  • Posted in:
    Intellectual Property, Trademark
  • Blog:
    The Trademark Blog
  • Organization:
    Martin Schwimmer
  • Article: View Original Source

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